Sultan Singh Jain Thr. Lrs. vs Kanti And Ors.
2004 Latest Caselaw 1253 Del

JUDGMENT

R.S. Sodhi, J.

1. FAO 89/1990 is directed against the Award of the Motor Accident Claims Tribunal in Suit No. 190/85, whereby the Tribunal vide its Award dated 19th December, 1989, has held the owner-appellant herein, Sultan Singh Jain (since deceased), responsible to discharge the claim while discharging the insurance company.

2. The grievance of the appellants herein is that the insurance company ought not to have been discharged since the offending vehicle was insured with the insurance company on the date of the accident. Counsel for the appellants further submits that he has filed a subsequent certificate of insurance wherein No.4512172459 is mentioned at the bottom. It is that policy which was in existence at the time when the accident took place.

3. Counsel for the insurance company-respondent No.5 on the other hand contends that the witness RW-1 has categorically stated that there is no policy with the insurance company bearing no. 4512172459. He submits that such numbers were not in existence at the time when the so-called alleged policy is stated to have been issued.

4. Heard counsel for the parties and have gone through the statement of RW-1. I find no substance in the submission made by counsel for the appellants that there was a subsisting insurance policy which would make the insurance company liable to pay the claim. On the basis of the evidence on record, it cannot be said that the appellants have been able to prove that vehicle in question was insured with the insurance company at the time of the accident. In that view of the matter, I find no infirmity in the Award under challenge. FAO 89/1990 is accordingly dismissed.