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Judgment
S.C. Parija, J.
Misc. Case No. 2057 of 2014
This is an application under Order 41, Rule 27 CPC for acceptance of the document under Annexure-1 as additional evidence.
Considering the submissions made, the document under Annexure-1, filed as additional evidence, shall be considered at the time final disposal of the appeal.
Misc. Case is accordingly disposed of.
MACA No. 1018 of 2005
Heard learned counsel for the parties.
This appeal by the appellant-Insurance Company is directed against the judgment/award dated 12.5.2005, passed by the learned 5th Motor Accident Claims Tribunal, Nayagarh, in MAC No. 382 of 1999, awarding an amount of Rs. 14,500/- as compensation, along with interest @ 6.25% per annum from the date of the claim application, till realization.
Learned counsel for the appellant-Insurance Company submits that as the cheque issued by the owner was dishonoured, the insurance policy issued in respect of the offending vehicle had been cancelled, which fact had been duly intimated to the owner of the offending vehicle vide letter dated 10.7.1998 by registered post with A/D. Learned counsel for the appellant further submits that the copy of the said letter had also been marked to the concerned Registering Authority, in this regard, he has referred to the copy of the letter dated 10.7.1998 (Annexure-1), which has been filed as additional evidence.
Learned counsel for the claimant-respondent submits that no such plea with regard to cancellation of policy had been taken in the written statement filed by the Insurance Company before the learned Tribunal. It is further submitted that for the first time in the present appeal, the Insurance Company has taken the plea regarding cancellation of the policy and that the same had been intimated to the owner of the offending vehicle. It is further submitted that admittedly, no such intimation has been given to the concerned Registering Authority, as required in taw.
On a perusal of the impugned award, it is seen that no such plea had been raised by the Insurance Company in this written statement filed before the learned Tribunal, with regard to the cancellation of the policy. Therefore, they cannot be permitted to raise such a plea now, for the first time in this appeal. Even otherwise, as there is no material to show that the factum of cancellation has been duly intimated to the concerned Registering Authority, as required in law, this plea cannot be accepted.
Considering the submissions made by the learned counsel for the parties and keeping in view the findings of the learned Tribunal as given in the impugned award and the reasons assigned in support of the same, no impropriety or illegality can be said to have been committed by the learned Tribunal so as to warrant any interference in this appeal.
The appeal being devoid of merits, the same is accordingly dismissed.