The New India Assurance Company ... vs Union Of India (Uoi) And Ors.
1987 Latest Caselaw 9 Del

Citation : 1987 Latest Caselaw 9 Del
Judgement Date : 5 January, 1987

Delhi High Court

The New India Assurance Company ... vs Union Of India (Uoi) And Ors. on 5 January, 1987

Equivalent citations: I (1987) ACC 249

Author: S Wad

Bench: S Wad

JUDGMENT

S.B. Wad, J.

1. This is an appeal by the Insurance Company against the Award of the Motor Accidents Claims Tribunal dated 11-1-1980. The tribunal had made an award in the sum of Rs. 24,239/- in favor of the Union of India. The Union of India had claimed compensation from respondents 1 and 2, who were the driver and owner of the vehicle respectively and against the Insurance Company for the damage caused to the government vehicle, bearing No. GJB 4941, in an accident which took place on 8-2-1977. The appellant Insurance Company was served, but in spite of repeated opportunities did not appear. Even though costs were imposed on the Insurance Company they did not bother to present themselves. The defense was, therefore, struck of by the Tribunal. The owner of the offending vehicle and the driver also absented at a later stage and the evidence was, therefore, recorded ex-parte on behalf of the Union of India. The Tribunal found that the offending vehicle was being run in a grossly rash and negligent manner, causing the accident. The Tribunal found that the entire evidence of the Union of India had remained unassailed and unrebutted. The Tribunal, therefore, made the award in the sum stated above.

2. The Insurance Company in this appeal has filed an application under Order 41 Rule 27 for permitting it to file the copy of the Insurance Policy. The contention of the counsel is that M/s. Deepak Roadways, although the owners of the vehicle, had not insured the vehicle with them, but one Mr. Jaigopal, C/o M/s. Deepak Roadways, had insured the vehicle. No such plea was raised by the counsel before the Tribunal. It is not explained as to why the Insurance Company could not contest the matter before the Tribunal and produce the copy of the Insurance Policy there. This application, therefore, cannot be allowed at this late stage. There is no merit in the submission of the Insurance Company and is, therefore, rejected.

3. The second submission of the appellant is that the liability of the Insurance Company is limited only to Rs. 2,000/-. The Insurance Company cannot be allowed to raise this plea at this late stage.

4. The appeal is dismissed. No order as to costs.