IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
F.A.O.No.5774 of 2009(O&M)
Date of Decision 15.12.2009
Oriental Insurance Company Ltd.
...... Appellant
VERSUS
Viro Bai and others
...... Respondents
CORAM:- HON'BLE MR. JUSTICE A.N.JINDAL
Present: Mr.Ashwani Talwar, Advocate, for the appellant.
*****
A.N.JINDAL, J(ORAL):
C.M.No.29336-CII of 2009
For the reasons, mentioned in the application, delay in filing the
appeal is condoned.
F.A.O.No.5774 of 2009(O&M)
This appeal, preferred by the appellant-Insurance company
(herein referred as ‘the appellant’) is directed against the award dated
30.07.2009, passed by Motor Accident Claims Tribunal, Hisar (herein
referred as ‘the Tribunal), awarding compensation to the tune of
Rs.3,00,000/- alongwith interest @ 9% per annum in favour of respondents
No.1 to 4-claimants (herein referred as ‘the claimants’) and against the
appellant and respondents No.5 and 6 jointly and severally on account of the
death of Charanjeet Singh, in a motor vehicular accident.
The appellant has tendered into evidence the insurance policy
Ex.R1 and the certificate issued by Licencing Authortity, Cuttack as Mark-
A but these documents were not proved by the appellant in accordance with
law, in order to reach the conclusion that respondent No.1 was not holding a
valid driving licence. As such, the appellant has to suffer. The Tribunal,
after appreciation of evidence, has reached that conclusion that appellant
had failed to discharge the onus, as such, it alongwith other respondents
were liable to pay the compensation amount.
No grounds to interfere.
Dismissed.
(A.N.Jindal)
Judge
15.12.2009
mamta-II