Katariya Transport Corporation vs Luxmi Narain

Om Prakash, J.—Heard counsel for the parties. The only contention of the appellant is that truck No. MBO 1765 belonging to it was insured by the New India Assurance Company Ltd, respondent No. 2, and this plea was clearly set up by the appellant in the written statement which has been duly represented in the impugned award by the Motor Accident Claims Tribunal. It is further submitted that the insurance policy Annexure 6 to the affidavit accompanying the stay application, could not be filed before the Tribunal because the impugned award was passed ex pane. The case of the appellant is that the truck being insured with the New India Assurance Company Ltd. respondent No. 2, it is the liability of the insurer to indemnify the appellant.

We have carefully gone through the impugned award. While stating the case of the appellant the Tribunal has clearly mentioned that the contention of the appellant was that the truck was insured with the New India Assurance Company Ltd., the policy number being 4448211459. Same insurance policy filed by the appellant is Annexure 6.

This being so, we find force in the submission of the appellant that the case deserves to be remanded to the claims tribunal to take into consideration the insurance policy and make the award afresh.

In the result, we allow the appeal only to the extent that the Claims Tribunal will consider the insurance policy Annexure 6 to the affidavit accompanying the stay application filed before this Court and then decide after giving an opportunity of being heard to the parties whether the aforesaid truck of the appellant was insured with the New India Assurance Company Ltd., respondent No. 2 and if so whether the said Assurance Company was liable to indemnify the liability created against the appellant.

Until decision of the aforesaid issue remitted to the Claims Tribunal, recovery of the liability created against the appellant will not be enforced against it.