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Judgment
Medicines and Medical treatment,"Rs.4,81,150/-
Pain and suffering loss of amenities of life,"Rs.70,000/-
Conveyance ad Special Diet,"Rs.25,000/-
Loss of Income and loss of Future Prospects,"Rs.6,31,800/-
Loss of Expectation of Life,"Rs.50,000/-
Total:,"Rs.12,57,950/-
involved in the case, was a fake document. This report obtained under the Right to Information Act had been collected by the investigator engaged by",
the insurance company, whose report (Ex.R3W1/3) was also submitted by some witness. The witness of the insurance company also proved that it",
had issued a notice under Order XII Rule 8 of Code of Civil Procedure, 1908 (CPC) to the owner of the truck in question calling upon her to produce",
the relevant documents. The copy of the said notice (Ex. R3W1/5) and the postal receipt (Ex.R3W1/6) besides courier receipt (Ex.R3W1/7),
established that the insurance company had issued such a notice under Order XII Rule 8 CPC to the registered owner. The witness of the insurer,
(R3W1) had also testified that the owner had not responded to the said notice under Order XII Rule 8 CPC. The said evidence remained unchallenged,
and unimpeached as there was no contest put in by the owner or the driver from the inquiry. The situation remains the same during the pendency of,
these appeals. No documents showing the existence of any valid driving licence of the driver or permit in respect of truck has been brought on record.,
The natural inference from such facts and circumstances is that the driver and owner of the offending vehicle are unable to show any such document.,
Consequently, the insurer must be held to have brought home its case of breach of terms and conditions of the insurance policy. Hence, it is",
granted recovery rights against the driver and owner.,
By order dated 23.11.2012 (in MAC. Appeal No.1207/2012), the insurance company had been directed to deposit 75% of the awarded amount",
with up to date interest with the Tribunal and upon such deposit being made, the amount was permitted to be released. The said order was partially",
modified by subsequent orders dated 21.11.2013 and 24.02.2015. Since the compensation has been enhanced, the entire balance held in deposit shall",
be released to the claimant in terms of the directions in the judgment of the Tribunal. The insurance company will be obliged to satisfy the enhanced,
amount by requisite deposit with the Tribunal within 30 days. The amount now payable under the modified award shall be released to the claimant in,
the form of fixed deposit interest bearing receipt taken out from a nationalized bank in the name of the claimant for a period of five years with right to,
draw periodic interest.,
The statutory deposit made by the insurance company will be refunded after proof of award having been satisfied is shown.,
Both the appeals are disposed of in above terms.,