Failure Of Claimant To Produce Correct Policy Number Does Not Absolve Insurance Company: Jharkhand High Court
The Jharkhand High Court was considering an Appeal against an award passed by the Motor Vehicle Accident Claim Tribunal whereby a compensation of ₹20,49,000/- was awarded in favour of the Claimant.
The Jharkhand High Court has held that on mere failure of claimant to produce correct policy number, liability of Insurance Company cannot be ruled out.
The Court was considering an Appeal by the Insurance Company against an award passed by the Motor Vehicle Accident Claim Tribunal whereby a compensation of ₹20,49,000/- was awarded in favour of the Claimant.
The Bench of Justice Sanjay Kumar Dwivedi held, "Merely providing a wrong policy number by the claimants, liability of the insurance company cannot be ruled out because the claimants are not supposed to know the exact policy number and they have gathered the same from somewhere and produced it before the learned Tribunal."
The Appellant was represented by Advocate Sahay Gaurav Piyush while the Respondent was represented by Advocate Kaushik Sarkhel.
Facts of the Case
Counsel for the Appellant submitted that the correct policy was not produced before the Tribunal, and in spite of that, the Tribunal awarded the sum, which is not in accordance with law. He further submitted that in view of the wrong policy, liability cannot be fastened upon the Appellant, and the owner of the vehicle is liable to pay the amount. He also submitted that the charge-sheet has not been submitted under relevant sections and in view of that, negligence is also not proved, and the accident itself is in dispute.
The Court noted that while dealing with the issue with regard to Policy, the Tribunal relied upon the judgment passed by the Patna High Court in the case of Branch Manager, New India Assurance Co. v. Nakul Sah and others whereby it was held that when the Policy is disputed, and it is the duty of the insurance company to produce the same.
Finding the age of the deceased to be 34 years at the time of accident, the Court cited the Supreme Court's ruling in Sarla Verma v. Delhi Transport Corporation and modified the award.
The Appeal was accordingly disposed of.
Cause Title: Reliance General Insurance Company Limited vs. Lilmuni Madaiyan (2025:JHHC:11475)
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