Oriental Insurance Company vs Kala Devi And Others

Sureshwar Thakur, J.

The instant appeal is directed against the judgement recorded by the learned Civil Judge (Sr. Divisional, Court No. 1, Sundernagar Distt. Mandi.

Uncontrovertedly the counsel for the Insurer, had, before the learned Commissioner tendered into evidence Ex.RW-1/A. However, the aforesaid exhibit, limits, the liabilities of the insurer only vis-à-vis the sum(s) of money borne therein. In sequel, the counsel for the appellant contends (i) that the defrayment of compensation amount vis-à-vis the claimants, in, sum(s) exceeding Rs.1 lac, being, in gross transgression(s) thereof. (ii) He contends that since liquidation(s) of, aforesaid sum(s) of money(s) are also made vis-à-vis the claimants, hence fastening(s) of liabilities qua liquidation(s), of monies in excess, thereof falls outside its contracted indemnificatory liabilities. Nonetheless, no documentary evidence in support thereof, stood adduced before the learned commissioner.

However, during, the pendency of the instant appeal, the learned counsel for the appellant, filed, an application, seeking leave of this Court, to adduce into evidence claim payment voucher of 11.11.2014, AND its making a, display in respect of liquidation(s) of money(s) vis-a-vis the claimants, emphatically, in consonance vis-à-vis its contracted liabilities. Even though, the aforesaid endeavours of the counsel for the Insurance Company, are, grossly belated, especially when despite, his holding an earlier apposite opportunity, before the learned Commissioner, he rather omitted to adduce into evidence, the aforesaid piece of evidence. Nonetheless, despite, the aforesaid short comings, the leave as sought, is granted (i) given perusal(s) of the aforesaid piece of documentary evidence rather carrying upsurging(s), for sustaining the appellants' counsels' espousal, of thereupon its liquidating the entire component, of, the contracted indemnificatory liability(s) vis-à-vis the claimants' (ii)Whereas any fastening, of, liabilities upon it, in sums of money(s) in excess-thereof, being amenable, for, interference. Leave granted application disposed of.

Be that as it may, the aforesaid piece of evidence be exhibited before the learned Commissioner also consequently the award is quashed AND the learned commissioner, shall, after evaluating its evidentiary worth, in accordance with law, make pronouncements vis-à-vis whereupon whom the apposite liability(s), vis-à-vis compensation amount, in excess thereof, hence enjoin fastening(s) . He is directed, to, within two months, thereafter, record, a fresh pronouncement, upon, the claim petition besides he is directed to determine quantum, of, statutory penalty(s) AND also apt fastenings thereof.