Telangana High Court
M/S. United India Insurance Co. Ltd vs K. Thirupathaiah And Ano on 8 July, 2024
THE HON'BLE SRI JUSTICE K.SURENDER
M.A.C.M.A No.2208 OF 2012
JUDMENT:
1. This appeal is filed by the appellant/Insurance Company
questioning the grant of compensation by the Court below mainly
on the ground that Ex.A-6 which is a cover note of the Insurance
policy was fake, according to the letter/Ex.B.3 issued by the
Senior Divisional Manager.
2. Heard the learned counsel for the appellant-Insurance
Company and the learned counsel for respondents.
3. The manner in which the accident had taken place and the liability is not in dispute.
4. The Tribunal found that the author of the letter Ex.B.3 who is the Senior Divisional Manager was not examined and contents of the letter cannot be looked into to come to a conclusion that Ex.A-6 is a fake cover note.
5. According to the claimants, Ex.A-6/cover note was provided by the lorry owner to the Police. Copy of the said cover note provided to the Police was filed before the Tribunal. The Tribunal found that said letter/Ex.B.3 cannot form basis to deny 2 compensation sine it was not proved by the Insurance Company that Ex.A-6 is a fake cover note.
6. Learned counsel appearing for the Insurance Company would submit that letter Ex.B-3 was given by the Officer of the Insurance Company. In the said letter, it is specifically mentioned that there is no serial number for cover note which was provided by the Insurance Company under Ex.A-6. He relied on the judgment of this Court in United India Insurance Co. Ltd. vs. Md.Rahmatullah and others 1 wherein it is held that the Insurance Company produced office copy of the cover note and accordingly, this Court held that there was no liability. He also relied on judgment of Gauhati High Court in Darilian Passah vs. BAtriti Lyngdoh and Ors 2, according to the judgment, the burden of proof shifts on to the Insurer to discharge their burden by providing enough evidence, if insurer claims any fraud.
7. In the present case, even according to the counsel, the only basis for stating Ex.A-6/cover note is fake is the letter/Ex.B.3. No reasons are given as to why the author of the letter was not examined. Further R.W.1 has deposed in the Court below on the basis of said letter. It is not his case that he has personal knowledge of document being fake or he has verified any 1 2010 ACJ 224 2 Manu/GH/0082/2010 3 document regarding the details of any serial number issued during particular period or any other evidence showing that Ex.A-6 is a fake cover note apart from the said letter.
8. Marking of letter will not suffice. The contents of the letter cannot be looked into unless it is proved either by the author of the letter or any corroborating evidence to rely on the contents of the letter. The said letter cannot be said to be the proof of Ex.A-6 being fake one. No reasons are given as to why author of the letter was not examined.
9. For the said reasons, the grounds raised by the Insurance Company are not tenable to find Ex.A-6 as a fake cover note.
10. Accordingly, the Appeal is dismissed. Miscellaneous applications, if any pending, shall stand closed.
__________________ K.SURENDER, J Date : 08.07.2024 dv