Punjab-Haryana High Court
Dalbir Singh vs Smt. Krishna And Ors. on 9 January, 1990
Equivalent citations: I(1990)ACC311, 1990ACJ800, [1990]68COMPCAS489(P&H), (1990)97PLR441
JUDGMENT
1. This appeal is directed against the order of the Motor Accidents Claims Tribunal, Jind, dated May 10, 1989, whereby the compensation amount awarded was to be satisfied by the owner and the driver of the yellow coloured vehicle No. HYH 1879, and the claim petition against the insurance company, i.e., the United India Insurance Co. Ltd., was dismissed. The present appeal has been filed on behalf of the owner of the said yellow coloured vehicle.
2. The only point raised in this appeal is that, under the insurance policy, the liability to pay the said compensation is that of the insurance company.
3. Notice was issued to respondent No. 6, the said insurance company only and the records were also sent for in order to dispose of the appeal at the stage of motion hearing.
4. According to the findings of the Tribunal, since the vehicle in which the deceased was travelling was a goods vehicle, the insurance company was not liable to pay compensation. Learned counsel for the appellant submitted that no such plea was taken by the insurance company in its written statement, nor was any such issue claimed. Not only that, the insurance company even denied that the vehicle belonging to the appellant was ever insured with it. Thus, argued learned counsel, that, in these circumstances, the view taken by the Tribunal was wholly wrong and illegal. In view of the insurance policy, the insurance company is liable to pay the amount of compensation determined by the Tribunal.
5. Learned counsel for the respondent-insurance company submitted that since the vehicle in which the deceased was travelling was a goods vehicle, the insurance company was not liable to pay compensation.
6. After hearing learned counsel for the parties and going through the records and the insurance policy, we find that the view taken by the Tribunal was wholly wrong. It could not be disputed that no such plea was taken on behalf of the insurance company in its written statement, nor any such issue claimed. In the absence of any plea and the evidence, it could not be held that the insurance company was not liable to pay compensation. As observed earlier, the insurance company even denied that the yellow coloured vehicle No. HYH 1879 was insured with it, but in view of the insurance policy being produced on the record, this could no more be disputed.
7. Under the circumstances, the appeal succeeds and the award given by the Tribunal is modified to the extent that the claimants will be entitled to realise the said amount of compensation from the insurance company, i.e., the United India Insurance Co. Ltd., Hissar Branch, Hissar, as well as from the owner of the said yellow coloured vehicle. With this modification, this appeal is disposed of at the stage of motion hearing.