, * IN THE HIGH COURT OF DELHI AT NEW DELHI MACA No.137/2007 Date of Decision: July 19, 2010 NATIONAL INSURANCE CO. LTD ..... Appellant through Mr. S.L.Gupta, Advocate versus SHEELA BAI & ORS ..... Respondents through Mr. Mukush Kumar, SI, P.S. Civil Lines in person. CORAM: HON'BLE MISS JUSTICE REKHA SHARMA 1. Whether the reporters of local papers may be allowed to see the judgment? 2. To be referred to the reporter or not? 3. Whether the judgment should be reported in the 'Digest'? REKHA SHARMA, I. (ORAL) This appeal has been preferred by the Insurance Company on the sole ground that as on the date of the accident which took place on November 04, 1986, the offending vehicle bearing No.PBP-6218 was not covered by the insurance policy and that in the absence of an insurance cover, the company could not be saddled with the liability to pay any compensation. It is noticed in the award that the Insurance Company was furnished details of a cover-note bearing No.6300512 which was valid for the period December 26, 1985 to December 25, 1986 but no copy MACA No.l37/2007 Page 1 of 3 Digitally Signed By:AMULYA Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing. Signature Not Verified of the policy was supplied. It is further noticed that the Insurance Company with reference to those details tried its best to trace the insurance policy from its Ludhiana Branch but could not find the same. The Insurance Company though had examined a witness before the Claims Tribunal but he did not know who was dealing with the file prior to the year 2004. In view of the inability of the Insurance Company to trace out the insurance policy and the evidence of the witness, the Claims Tribunal held as under:- "This witness has merely stated that they had tried to find out the cover note but could not trace it. Thereby there is admission on their part that in fact the vehicle was insured with them therefore, they are liable to pay the compensation. And in any case, as in peculiar circumstance of present case where the record could not be traced, if they are able to trace out the record and finds that the vehicle was not insured then they shall be entitled to recover the amount from the insured/owner as held in National Insurance Company Ltd V. Swaran Singh & Ors, 2001 ACJ 1." In appeal before this Court, vide order dated March 23, 2010 the Insurance Company was directed to file a report, as to whether the offending vehicle was insured at the time of the accident and, if not, whether the owner or driver have been prosecuted under Section 196 of the Motor Vehicles Act. The Insurance Company was also directed to file a further report, as to whether the copy of the cover note produced before the Claims Tribunal was genuine or not. No such report has been filed. As per the counsel for the Insurance Company, it is not possible to verify these facts. MACA No.l37/2007 Page 2 of 3 This Court vide its order of March 23, 2010 had also directed the police to produce the owner of the offending vehicle in the Court. The Investigating Officer in the criminal case registered against the driver of the offending vehicle is present in the Court today. He states that the iw·1 uiries made at the given address of the owner has revealed that he had left the place about 20 years ago and in so far as the driver is concerned, he has been declared a proclaimed offender. Having regard to the aforementioned facts, when the Insurance Company is unable to trace its policy and the Investigating Officer is unable to produce the owner of the offending vehicle, I find no infirmity in the order of the Claims Tribunal, holding the Insurance Company liable to pay the awarded amount to the claimants. The appeal has no merit. The same is dismissed. The statutory amount of Rs.25,000/- deposited by the Insurance Company as a pre-condition to the hearing of the appeal be refunded to it. JULY 19, 2010 ka MACA No.l37/2007 .__ SHARMA, J. Page 3 of 3