The New India Assurance Co. Ltd. Vs. Joga Maya Chetri and ors. - Court Judgment

Excerpt:
- .....and mr. s. dutta, learned counsel for the claimant-respondent4. only the point urged by mr. h. ahmed learned counsel for the appellant before us is that the insurance policy was not proved. in fact the learned counsel has tried to urge that the vehicle in question was not insured. it was the duty of the insurance company to show before the trial court as to whether the vehicle was insured or not, as all the records were available with the company. in this connection the decision of the apex court in national insurance co. ltd. new delhi v. jugal kishore : [1988]2scr910 is relevant as their lordships held that in such cases insurance company must produce the policy for doing justice. their lordships also observed that the insurance company being instrumentality of state it has to act.....

Judgment:

S.N. Phukan, J.

1. This appeal is directed against the judgment and order dated 1.6.1983 passed by the learned Member Motor Accident Claims Tribunal, Shillong in Motor Accident Claims Case No. 7 of 1980.

3. The accident took place on 21.10.79 at 10.10 P.M. Near the Military Hospital, Shillong, on the Shillong Cherra Road. The Taxi bearing registration No. MLS-4335 belonging to opposite party No. 1 came in high speed and knocked down one person and after that knocked down the claimant. Subsequently the claimant-petitioner the and his legal heirs have been substituted. Learned Tribunal awarded a sum of Rs. 1,55,000/- to be paid by the New India Assurance Company. Hence, this present appeal by the Company.

3. We have heard Mr. H. Ahmed, learned Counsel for the appellant and Mr. S. Dutta, learned Counsel for the claimant-Respondent

4. Only the point urged by Mr. H. Ahmed learned Counsel for the appellant before us is that the Insurance Policy was not proved. In fact the learned Counsel has tried to urge that the vehicle in question was not insured. It was the duty of the Insurance Company to show before the Trial court as to whether the vehicle was insured or not, as all the records were available with the company. In this connection the decision of the Apex court in National Insurance Co. Ltd. New Delhi v. Jugal Kishore : [1988]2SCR910 is relevant as their Lordships held that in such cases Insurance Company must produce the Policy for doing justice. Their Lordships also observed that the Insurance Company being instrumentality of State it has to act fairly. We, therefore, reject the submission of Mr. Ahmed and hold that the appeal has no merit.

5. It is ordered that the Insurance Company shall make payment of the balance amount to the claimant-petitioner within a period of 2 (two) months from today. We further direct that this order shall be communicated to the Insurance Company.

6. Mr. S .Dutta, learned Counsel for the claimant-respondent submits that a confusion may arise in respect of payment as subsequently the legal heirs were substituted. We make it clear that the payment shall be made to the legal heir Smt. Joga Maya Chetri, wife of deceased late Chatra Bahadur Chetri.

7. The appeal is dismissed. No costs.