THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 1679 of 2011 JUDGMENT: The appeal is filed by the appellant-owner of the lorry against the order dated 24.06.2002 in M.V.O.P.No.631 of 1998, whereunder the claim of the claimants for compensation of Rs.1,50,000/- in a motor accident, was considered and the lower Tribunal has granted a sum of Rs.1,23,000/- but exonerated the liability of the insurance company and granted the same against the owner of vehicle only. The appeal is filed contending that there was a valid insurance for the vehicle with the 3rd respondent. Before the lower Tribunal the same contention was raised and a comprehensive policy is said to have been issued basing on the report of the Motor Vehicle Inspector. The insurance company has contended that there was no policy at all and the report of the Motor Vehicle Inspector is not correct. Therefore, the lower Tribunal did not accept the report of the Motor Vehicle Inspector. But, however, in the grounds of appeal the ground No.2, the learned counsel for the appellant has given the policy number as 3161080130512, which is said to be effective from 29.05.1993 to 28.05.1994 relating to the vehicle involved in the incident. The learned counsel for the insurance company is not able to confirm the same. Therefore, in view of the above circumstances, if there is a valid policy as on the date of incident, even during the execution, the insurance company can be made liable. However, when the validity and the existence of the policy is disputed by the insurance company and for the first time in the appeal the particulars of the policy are furnished, I feel it is a fit case where the matter has to be remanded for the limited purpose of determination as to whether there was a valid policy existing as on the date of incident fastening the liability to the insurance company with reference to the policy number referred in the grounds of appeal as above. Therefore, both the parties are permitted to lead further evidence in the lower Tribunal with regard to the liability and the lower Tribunal shall decide the enforcement of liability against the insurance company keeping in view the evidence, which is to be adduced by both the parties, and dispose of the same within three months. No costs. ________________________ N.R.L.NAGESWARA RAO, J 05-09-2011 MR THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO M.A.C.M.A. No. 1679 of 2011 DATE: 05-09-2011 MR