Brahanand vs The Oriental Insurance Company Ltd. and Others

G.C. Mital, J.—Shri Aulakh has tendered an Account Payee draft No. 830094/99 dated 17-9-1987 for Rs. 56810.00 in favour of Additional Registrar of this Court towards the awarded amount. The Additional Registrar will encash the draft and issue cheque/pay-order in favour of the appellant towards the awarded amount.

On the last hearing, Shri Aulakh has stated at the bar that the appellant had filed a representation before the Regional Manager, Oriental Insurance Company and the same was accepted and the Company owned its liability to pay the awarded amount and the Company had sought time to tender the amount in Court. There is no doubt that the taxi was insured with the aforesaid company and the only point was whether the driver of the taxi was duly authorised by the owner of the taxi or not This matter has been set at rest by the Supreme Court in Gujarat State Road Transport Corporation, Ahmedabad Vs. Ramanbhai Prabhatbhai and Another, , in favour of the claimants and against the Insurance Company. In this case special premium bad been paid by the taxi owner and for that reason the Insurance Company owned its liability to reimburse the taxi owner. Since the claim of the appellant has been fully satisfied by paying the amount in Court, nothing survives in this appeal for further consideration and the dispute between the parties stands finally settled and satisfied.

The appeal stands disposed of along with the application.