Naru Ram vs Surendra Singh And Ors

Heard learned counsel for the parties.

The instant appeal has been filed against the judgment and award dated 18.09.2019 passed by Motor Accident Claims Tribunal Camp at Sardarshahar

District Churu in Claim Case No.159/2016 (45/2012) whereby the tribunal allowed the claim petition of the claimants and awarded a sum of

Rs.7,02,704/- with an interest @ 6% p.a. The present appeal has been filed by the owner of the Bus involved in the accident which is stated to have

occurred on 16.12.2011.

Learned counsel for the owner- appellant submits that the bus was insured with the respondent Insurance Company and premium of subject insurance

of the bus was paid to the insurance company. In pursuance of which the respondent insurance company issued policy dated 24.11.2011. As per the

certificate of the policy, the vehicle of the appellant was covered for a period commencing from 24.11.2011 till mid night of 23.11.2012. The same was

produced before the Tribunal as Exp.14. The counsel further submits that during the currency of the insurance policy, the accident occurred on

16.12.2011 and since the appellant's bus was insured with the insurance company, the liability to pay compensation should have been fastened on the

insurance company. However, the same has been fastened on the respondent No.2 i.e. the present appellant. Learned counsel further submits that

besides there is an overwriting in the order passed by the Tribunal on the findings recorded on issue No.4, the finding recorded on issue No.4 is totally

non-speaking and contrary to record. He prays that the finding recorded by the tribunal on issue No.4 may be set aside.

Per contra, learned counsel for respondent Insurance Company submits that cheque of premium so received by the insurance company was sent to

the bank for payment but the same was returned by the bank because of insufficiency of funds and thus, the cheque given by the present appellant

was dishonoured. Since, the company has not received the premium in the present case, therefore, the policy dated 24.11.2011 was canceled. He

further submitted that a notice/information for cancellation of the policy was sent to the appellant vide company's letter dated 25.11.2011 which has

already been placed on record as Ex.NA1. A copy of this letter dated 25.11.2011 was also sent to the Regional Transport Officer, the same is

produced on record as Ex.NA2. It is further contended that when the acknowledge due was not received, a letter was written to the Postmaster, Post

office, Medical College, Nagpur for getting the acknowledgment of the letter sent to the appellant in this case. The same is already available on record

as Ex.NA7. Thus, in view of the submissions made, the counsel for the insurance company submits that the insurance company was not liable to pay

compensation in the present case.

I have considered the submissions made at the bar and also gone through the finding of the Tribunal recorded on issue No.4.

For brevity, the finding of the Tribunal on issue No.4 is reproduced as under:-

- 4 ( )

( ) ( )

A perusal of the finding recorded by the Tribunal on issue No.4 shows that neither there is any discussion with respect to the amount received by the

insurance company towards the premium for issuance of the insurance policy in the case of the appellant nor there is any discussion about the steps

taken by the insurance company for cancellation of the policy. Besides this, it is also observed that initially finding was recorded by the Tribunal that

no evidence has been produced by the insurance company in favour of their objections and therefore, the issue was decided against the insurance

company. However, by way of overwriting, this finding was changed and it was held that since the vehicle involved was not insured with the

insurance company, therefore, the issue has been decided in their favour. In any case, the finding recorded by the Tribunal on issue No.4 is cryptic,

non speaking and very cursory. In the circumstances, this court is of the opinion that the matter is required to be remanded back to the Tribunal for

evaluating the evidence and passing a reasoned order on issue No.4.

Consequently, the appeal is partly allowed. The matter is remanded back to the Tribunal for adjudicating the issue No.4 afresh after giving reasonable

opportunity to the parties of presenting their case. For the purpose, the parties will appear before the Tribunal on 17.03.2021.

The record be sent back forthwith.