In these circumstances, the judgment of the learned Single Judge referred to United India Insurance Co. Ltd., Hyd's case (supra), cannot be made applicable to the facts of the present case.
Learned counsel in this behalf referred to
and relied upon judgment in case titled New India
Assurance Co., Appellant v. Hurmat begum and ors.,
Respondents reported in AIR 1994 Jammu and Kashmir 1.
Learned counsel, accordingly, submitted that appeals
deserve to be allowed and award to the extent it directs
the appellant to indemnify the owner and pay the
compensation amount requires to be set aside.
Learned counsel for respondents submitted that new
case has been set up by the appellant in the appeal,
When as a matter of fact before the learned Tribunal
appellant has accepted that the vehicle in which the
deceased and injured were traveling and which met with
an accident because of negligent driving of the driver and
resulted in death/injuries of some of the persons who
were traveling in it was a passenger vehicle, learned
counsel submitted that in law appellant cannot set up a
new case in an appeal. Learned counsel also submitted
that on the basis of pleadings of the parties issues were
framed by the learned MACT. The claimants have
successfully proved the issues burden of which was placed
on them whereas the appellant has not lead any evidence
before the learned MACT and has thus failed to discharge
its burden of proving issues. Learned counsel submitted
that in the facts and circumstances of this case, impugned
awards are just and legal and do not call for any
interference.
Learned counsel in this behalf referred to and relied upon judgment in case titled New
India Assurance Co., Appellant v. Hurmat begum and ors., Respondents reported in
AIR 1994 Jammu and Kashmir 1. Learned counsel, accordingly, submitted that
appeals deserve to be allowed and award to the extent it directs the appellant to
indemnify the owner and pay the compensation amount requires to be set aside.