THE HON’BLE SRI JUSTICE K.S. APPA RAO M.A.C.M.A No. 4520 of 2008 Date: 28th March, 2011 Between: National Insurance Co. Ltd. … Appellant A n d Smt. M. Premalatha and 3 others … Respondents THE HON’BLE SRI JUSTICE K.S. APPA RAO M.A.C.M.A No. 4520 of 2008 JUDGMENT: Being aggrieved by the order and decree dated 09-07-2008, passed in M.V.O.P No.1344 of 2006 on the file of Motor Vehicle Accidents Claims Tribunal-Cum-XIV Additional Chief Judge, City Civil Court (Fast Track Court), Hyderabad, the present CMA is filed by the appellant-insurance company. The appellant herein has taken plea in the Tribunal that the policy relied on by the claimant does not tally with the series of policies issued by the appellant-insurance company and therefore, the insurance company will not be liable to pay any compensation since there was no contractual obligation on the appellant to cover any type of risk, and the Tribunal grossly erred in coming to the conclusion that the insurance company is liable pay the compensation payable to the 1st respondent herein in the first instance, and recover the same from the owner of the offender vehicle in question. 2. Now the point for consideration is whether the order of the Tribunal is sustainable. 3. As seen from the impugned order, though the appellant- insurance company has taken a specific stand that there is no existing policy as on the date of accident against the offender vehicle, the Tribunal without discussing the same simply fastened the liability against the insurance company. On perusal of the order of the Tribunal at point 2, there is no discussion on the plea raised by the insurance company. On perusal of the documents filed on behalf of the appellant-insurance company, which are marked as Ex.B1 to B3, they do focus that the insurance company refers to the policy number furnished by the claimant. R.W.1-Sri.A.Shyamala Rao, Branch Manager of appellant-insurance company stated that the policy number mentioned by the petitioner in the M.V.O.P does not tally with the series of policy numbers issued by the insurance company. He further asserted that the branch office in which the said policy was issued, he being the branch in-charge, has thoroughly verified the record and found that no policy was issued to 4th respondent herein-Baddam Bal Reddy, in the year 2005-06 to the lorry bearing No. AP-09-W-6332. He further clarified that as there is no policy issued by the insurance company, the claim against the insurance company is liable to be dismissed. In spite of thorough cross-examination nothing was elicited from his witness that the offender-vehicle has valid insurance coverage as on the date of accident. 4. In a case of this nature, the burden is heavily on the petitioner to establish that the offending vehicle has valid insurance coverage on the date of the accident. In this case, the petitioner did not adduce any evidence much less filed any valid insurance policy related to the offender-vehicle in question, and therefore, the finding of the Tribunal fastening the liability on the appellant-insurance company is erroneous in the facts and circumstances of the case on hand. However, as requested by the counsel appearing for the appellant, the matter is remanded to the Tribunal for fresh trial and better adjudication on the insurance policy alleged to have been obtained by the 4th respondent from appellant-insurance company against the offending vehicle. The Tribunal shall dispose of the matter expeditiously by giving opportunity to both the parties to adduce their evidence for better adjudication of the matter. 5. Accordingly, the order of the Tribunal is set aside. The counsel appearing for the appellant-insurance company submitted that pursuant to the award by the Tribunal, half of the decreed amount was deposited in the Tribunal and the claimant had already withdrawn the said deposit amount. In the said circumstances, the appellant- insurance company is at liberty to recover the said amount from the claimant if the appellant-insurance company ultimately succeeds in the O.P. Further, it is also the apprehension of the appellant-insurance company that, pursuant to remanding the matter to the Tribunal, the claimant may dodge the proceedings to get the interest. It is made clear that the claimant should adduce evidence within two months from the date of receipt of the notice and proceed with the trial of the matter. 6. With these observations, the matter is remanded to the Tribunal for disposal according to law. ______________________ JUSTICE K.S. APPA RAO 28th March, 2011 KSM