M/S. United India Insurance Co. Ltd vs K. Thirupathaiah And Ano
2024 Latest Caselaw 2570 Tel

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

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

2010 ACJ 224

Manu/GH/0082/2010

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