N.I.C. Ltd. vs V.B. Singh
2013 Latest Caselaw 2189 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- FIRST APPEAL FROM ORDER No. - 402 of 1991
 

 
Petitioner :- N.I.C. Ltd.
 
Respondent :- V.B. Singh
 
Petitioner Counsel :- P.K. Mukherjee
 
Respondent Counsel :- S.C. Srivastava,Devendra Dhama,S.D.N. Singh
 

 
Hon'ble Rajes Kumar,J.

The contention of the appellant is that the Insurance Policy was issued at 4-00 p.m. while the accident took place in the morning between 8-00 a.m. and 9-00 a.m. and, therefore, the Insurance Company is not liable to indemnify the liability of the owner of the vehicle.

Reliance is placed on the decision of the Apex Court in the case of J Kalaivani v. K Sivashankar, reported in 2001 Law Suit (SC) 1384 and National Insurance Company Limited v. Jikubha Nathuji Dabhi, reported in 1996 Law Suit (SC) 1943.

From perusal of the impugned order, it is not clear that whether in the insurance policy, specific time 4-00 p.m. was mentioned or not. Therefore, it is necessary to peruse the Insurance Policy.

Office is directed to summon the lower court record immediately or either of the party may file the Insurance Policy.

It appears that the appellant has not made the owner of the vehicle as the party. Learned counsel for the appellant prays for and is granted a week's time to implead the owner of the vehicle as a party.

List on 22.5.2013.

The dispute is only between the Insurance Company and the owner of the vehicle. In the circumstances, the order dated 6.5.1991 is modified to the extent that the appellant may deposit the entire amount of compensation awarded by the Tribunal within a period of four weeks and the Tribunal is directed to pay the entire amount of compensation to the claimants within another period of four weeks.

Order Date :- 15.5.2013

OP