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Sunday, March 7, 2010

Accident--Genuineness of Insurance cover note--Entry regarding timing in disputed cover-note--Disputed cover note procured by owner of offending vehicle after accident

2010(1) LAW HERALD (P&H) 72
IN THE HIGH COURT OF PUNJAB AND HARYANA
Before
The Hon’ble Mr. Justice Surya Kant
FAO No.1136 of 2006
National Insurance Co. Ltd.
v.
Hasina & Ors.
{Decided on 25/11/2009}
For the Appellant: Mr. L.M. Suri, Sr. Advocate, with Shri Deepak Suri, Advocate.
For the Claimant-respondents: Mr. Sandeep Jasuja, Advocate.
For the Respondent No.13: Shri Paul Singh Saini, Advocate.
IMPORTANT POINT
Accident--Genuineness of Insurance cover note--Entry regarding timing in disputed cover-note--Disputed cover note procured by owner of offending vehicle after accident had taken place so as to fasten liability upon insurance company--Insurance Company not held jointly and severely liable along with driver/owner of offending vehicle to pay compensation amount.
Motor Vehicles Act, 1988--Accident--Liability of Insurance Company--Genuineness of Insurance cover note--Entry regarding timing in disputed cover-note interpolated and tampered with--Original cover note not produced by owner before Tribunals sufficient to draw adverse inference--Vague and evasive plea taken by owner/driver that original insurance cover-note is not traceable inspires no confidence--Disputed cover note procured by owner of offending vehicle after accident had taken place so as to fasten liability upon insurance company--No previous insurance cover of offending vehicle brought on record--Had it been a case of incidental expiry of insurance cover on that day it might not have in unusual recourse for owner to get same renewed on same day--Insurance Company not held jointly and severely liable along with driver/owner of offending vehicle to pay compensation amount--However, Insurance Company directed to firstly indemnify awards and be at liberty to full execution application against driver/owner of offending vehicle and recover compensation amount from them. (P.13, 14, 16 & 18)

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