Nabi vs Branch Manager National Insurance Co. Ltd.

Anand Byrareddy, J.—The appeal is filed on a short ground that the liability could not be fastened on the Insurance Company for the reason that the certificate of insurance was not produced before the Tribunal. It is on that sole ground the present appeal is filed. While admitting that the certificate of insurance could not be produced before the Tribunal however, is sought to be produced before this Court. The appellant was set ex-parte before the Tribunal since it is the case of the appellant that there was a policy of insurance which would render the Insurance Company liable in respect of the compensation payable and the same is sought to be produced before this Court, the same be taken record and the judgment and award of the Tribunal be modified, to that extent.

The learned counsel for respondent No. 1 Sri. Sanjay M. Joshi would fairly concede that there is a policy of insurance. However, the same was not produced before the Tribunal and since a photocopy is produced before this Court. It would be necessary to verify the same from his client that the policy was in force, whereby the liability of the Insurance Company would be attracted. In this regard several adjournments had been granted to enable the counsel to get instructions from his client. He would now submit that he is awaiting instructions from his client. There is no reason of doubt the veracity of the certificate of insurance which is produced, if indeed it is forged or a fake document, the appellant would face the consequences.

Therefore the appeal is shall be disposed of holding that the judgment and award of the Tribunal is modified and the liability is fastened on the respondent- Insurance Company. It is open for Sri. Sanjay M. Joshi to move this Court, in the event should he receive information to the contrary as regards the Insurance Policy.

Accordingly, the award is modified in terms as above.

The amount in deposit shall be refunded to the appellant-claimant.