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Madhya Pradesh High Court

The Oriental Insurance Company Ltd vs Ram Bhajan Saket on 1 December, 2022

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                                           1
                                       IN     THE       HIGH        COURT OF MADHYA                  PRADESH
                                                                     AT JABALPUR
                                                                   BEFORE
                                                     HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                           ON THE 1 st OF DECEMBER, 2022
                                                             MISC. APPEAL No. 216 of 2019

                                       BETWEEN:-
                                       THE ORIENTAL INSURANCE COMPANY LTD THR. ITS
                                       MANAGER REGIONAL OFFICE 7 RACE COURSE ROAD
                                       INDORE (MADHYA PRADESH)

                                                                                                   .....APPELLANT
                                       (BY SHRI RAKESH JAIN, ADVOCATE)

                                       AND
                                       1.    RAM BHAJAN SAKET S/O BHAIYALA SAKET,
                                             AGED ABOUT 32 YEARS, OCCUPATION: LABOUR
                                             R/O GRAM PACHOUKHAR P.S. TEHSIL CHURHAT
                                             (MADHYA PRADESH)

                                       2.    CHANDRA VIJAY SINGH S/O CHANDRAMANI
                                             SINGH R/O GRAM KHAMHAUNIYA, THANA AND
                                             TAHSIL CHURHAT (MADHYA PRADESH)

                                       3.    PUSHPENDRA SINGH S/O SURESH SINGH, AGED
                                             ABOUT 29 YEARS, OCCUPATION: FARMER R/O
                                             GRAM KHAMHAUNIYA, THANA AND TAHSIL
                                             CHURHAT (MADHYA PRADESH)

                                                                                                 .....RESPONDENTS
                                       (BY SHRI ANURAG SHIVHARE, ADVOCATE FOR RESPONDENT NO.1)
                                       (BY SHRI ALKA SINGH BAGHEL, ADVOCATE FOR RESPONDENTS NO.2
                                       AND 3)

                                             This appeal coming on for admission this day, th e court passed the
                                       following:
                                                                            ORDER

Signature Not Verified SAN Heard on I.A. No.3457/2019, an application seeking condonation of Digitally signed by MOHD TABISH KHAN delay. There is delay of 101 days in filing the appeal.

For the reasons stated in the application, sufficient cause is made out to condone the delay.

Accordingly, I.A. No.3457/2019 is allowed and delay is condoned. This appeal is filed by the Insurance Company being aggrieved of award dated 30.06.2018 in Claim Case No.1/2016 by learned Second Additional Motor Accident Claims Tribunal, Sidhi on the ground that after passing of the award it was discovered that original cover note from the possession of the Insurance Company was missing for which an FIR was lodged with the competent authorities and notice has been issued to the owner of the offending vehicle to produce original cover note.

In view of the submissions it is submitted that authenticity of the insurance cover for the offending vehicle bearing registration No. MP53 BA 5926 is under suspect and, therefore, the award be set aside.

Learned counsel for the opposite party supports the award. After hearing learned counsel for the parties and going through the record, loss of original cover note from the office of insurance company is not a sufficient circumstance to reach to a conclusion that the vehicle in question was not insured at the time of the accident.

Perusal of record reveals that no such evidence was led by the Insurance Company which was mandatory on it in the light of the judgment of Supreme Court in case of Singh Ram Vs. Nirmala and Others, (2018) 3 SCC 800.

Therefore, no ground is made out to cause indulgence in the award specially when for the fault of the officers of the insurance company it can not Signature Not Verified SAN take any advantage and it has failed to lead evidence. Appeal fails and is Digitally signed by MOHD TABISH KHAN dismissed.

(VIVEK AGARWAL) JUDGE Tabish Signature Not Verified SAN Digitally signed by MOHD TABISH KHAN Date: 2022.12.01 17:46:28 IST