^ HJGH COURT OF CHHATTISGARH AT BILASPUR Sma!e_Bench : Hon'bie Shri Diii'p Raosaheb Deshmukh. J. •^ %- <. ADDeiSant Defendant No.3 Respondent No.1 Claimant No.1 Resoondent No.2 Defendant t^o.1 3W. A. (C.l No.562/2008 The New Indla insurance Company Limited, Raipur, through the Divisional Manager, Divisional Office-in front of Rajiv Piaza, Bilaspur (CG) ^rsus 1. Ramnarayan son ofRambhajan,aged about 28 years, Caste Sahu, R/o Viilage Dhapayee, P.0; Pandarbhatta, P.S. and Tehsii Mungeij, District Bilaspur (CG) 2. Parminder son of Shri Harbaksh Singh, aged abput 44 years, R/o Qr.No.3/392, Near Raja Talab, Tatibandh, Tahsil and Distt. Rajpur (CG) (Vehicie Owner) 3. Paramjit Singhsonof Harbaksh Singh Panjabi, aged about 44 years, resldent of C.H.House. Behind Bharatmata School, Tatibandh, P.S.Aamanaka, Tahsil and Distt. Raipur(CG) (Driverofoffendingvehicte-C.G.04-G- 0532) MisceISaneoys Appeal under Section 173 of Motor ¥ehic}esAct, 1988. Present : - Shri PrashantJayaswai, Senior Advocate with Shri Ajay Mlshra, counsei fortheappeliant RespondentNo.3 Defendant No.2 ORALORDER (Passed on 29th of April, 2008) Heard on I.A.No.2, which is an application for taklng certified copy of order passed under Section 170 oftheNotor Vehicies Act on record. i.A.No.2 is aiiowed. Document is taken on record. (2) Neard cn admjssion as aiso on I,A.Np.3, which is an applicatJon under Order 41 Rule 27 C.P.C. for taking affidavit of competent officer on record. :^,. 2-r ^ '^ K (3) In Claim Case Np.5 of2007, the 2nd Addjtional Motor Accidents Cjaims Tnbunai, F.T.C., Mungelj, District Biiaspur (henceforth <<the tribunal1*) by award dated 25-01-2008, fastened liability on the insurance company to pay compensation. (4) Learned Senior Advocate for the appeilant did not dispute that it v^as admitted by the insurer Jn fhe written statement that the offendJng vehicle l.e.,truck bearing Registration No.C.G.-04-G/0532 was insured by the appellant/insurer. The tribuna! has a!so recorded a finding to that effect in para 22 ofthe award. (5) The soie argument advanced by Shri Prashant Jayaswal, learned Senlor Advocate for the appeliant in this appeai is that after the award was passed, the poiicy 6f insumnce m qyestion which was admitfed befbre the tribunai was sent for verificatjon and it was found that the poiicy of irisurance was fake. He therefore prayed that the application under Order 41 Rule 27 C.P.C. which is supported by an a^idavit of the Branch IVIanager ofthe Insurer be aiiowed. No othergroundwas urged. . (6) Havlng considereci submission of tearned Senior Advocate for the appellant, 1 have perused the affidavit filed by Branch Manager of the Insurer in support of the appiication ynder Order 41 RuJe 27 C.P.C. The afRdavit merely states that the vehlGie in question is not insured by the insurer and the CoverNoteNo.32200 dated 19-12-2005 was also not Jssued by the jnsurer. It does npt disciose any materla! on the basis pf which the insurer was resiiing from its pleadings before the Tribunai. It does hpt say a word about any veriflcation being done after the impug^^ award was passed by the Tribunai. No details of verSfication were given and no reasons have been assigned to show on what basis the insurer had admjtfed the fact of in?urance of the offendlng vehicle before the ^sv^ /'^% I ^It^i"^^. s. —3— Tribunai and wanted to resiie from Its admission now. Thus, there ss nothing in the appiication under Order 41 Ruie 27 C.P.C. or the affidavit flied in support thereof which wouid go to show that notwithstanding the exerclse of due diiigence by the insurer during the pendency of the clasm case before the Tribunal this fact wou!d not be known to and couid not have been produced before the Tribunal by the insurer. Therefore, the applicatlon under'Order 41 Rule 27 C.P.C. desen/es rejection. (7) In the result, the application under Order 41 Ruie 27 C.P.C. Is dlsmissed and as a consequence thereof, the appeal being devoid of any merit Is aiso dlsmissed at the stage of admission. The appiication (I.A.No.1) for grant of stay also stands dlsmissed. ffip^s**Deshulukh Judge Dmp Tumane