National Insurance vs Lajwanti and Others

K.K. Gupta, J.—This appeal is directed against the award passed by Motor Accidents claims Tribunal, Jammu on October 20, 1987

awarding an amount of Rs. 30,000/- to Smt. Lajwanti Respondent No. 1 which amount was directed to be recovered from the appellant and

respondents 2 and 3 jointly and severally.

Learned counsel appearing for the appellant has assailed the award on the main ground that Insurance Policy in respect of the vehicle involved in

the accident was not produced in the court and the Tribunal without taking into consideration that fact held the appellant also liable for payment of

the amount. We do not find any substance in this argument. Respondent No. 1 in her petition mentioned about the vehicle involved in the accident

to be insured with National Insurance Company, Shalamar Road, Jammu. The owner and driver of the Vehicle also stated so in their objections.

Appellant, insurance company did not deny this fact in its objections but only took the plea that insurance policy was required to be filed. The

Tribunal after considering all these facts came to the conclusion that the vehicle in question was insured with the appellant.

Considering all the above said facts and circumstances, we do not find any ground to admit this appeal which is dismissed.