AO/249/2020
2023 Latest Caselaw 2961 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                    COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  AO No.249 of 2020
                                  Hon'ble Vivek Bharti Sharma, J.

Mr. Pramod Bailwal, Advocate for the appellant.

2. Mr. Prem Kaushal, Advocate for respondent no.5.

3. Learned counsel for the appellant would submit that the present appeal has been filed against the impugned Judgment and Award dated 16.12.2019 whereby the learned Tribunal has allowed the claim petition of the respondent nos.1 and 2/claimants against the appellant Insurance Company and if the appeal succeeds its effect would be that the liability to pay the compensation would shift to respondent no.6 i.e. Reliance General Insurance Company Ltd.

He would further submit that the alleged cover note issued by the appellant was cancelled at the request of the owner of the offending vehicle; that, on the relevant date and time the offending vehicle was insured with respondent no.6; that, the Tribunal has not taken into consideration this fact and wrongly fastened the liability upon the appellant.

4. In view of the above, let re-issue notices to all the respondents except respondent no.5 through registered post, acknowledgment due as well as by Email and WhatsApp, if available.

5. Steps to be taken within two weeks.

6. Summon the Lower Court Record.

7. List on 23.02.2024.

(Vivek Bharti Sharma, J.) 04.10.2023 Rajni