Oriental Insurance Company Ltd v. Satender Kumar & Ors

• ----- -- ____ ..-.,_.., .... * IN THE HIGH COURT OF DELHI AT NEW DELHI MACA No.645/2010 Date of Decision: September 27. 2010 ORIENTAL INSURANCE COMPANY LTD ..... Appellant through Ms. Manjusha Wadhwa, Advocate versus SATENDER KUMAR & ORS through None ..... Respondents CORAM: HON'BLE MISS JUSTICE REKHA SHARMA

¶1Whether the reporters of local papers may be allowed to see the judgment?

¶2To be referred to the reporter or not?

¶3Whether the judgment should be reported in the 'Digest'? REKHA SHARMA, I. (ORAL} This appeal has been preferred by the appellant against the order of the Motor Accident Claims Tribunal dated July 20, 2010 awarding interim compensation of 50,000/- along with interest thereon @ 7.5% per annum to the claimants who are the husband and two minor children of Smt. Rachna who died in a road accident. As per the learned counsel for the Insurance Company, the cover note which was placed on the record of the Claims Tribunal is a false and forged document for the reason that the insurance policy which was placed on the record by the Insurance Company indicates that the MACA No.645/2010 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. T I r 1 - - -- cover note was dated October 28, 2008 and not October 21, 2008. The Claims Tribunal has held that unless the document relied upon by the claimants is proved to be forged and fabricated, it has to be presumed to be correct and hence, relying upon the same has awarded interim compensation to the claimants. Having heard learned counsel for the appellant, I find no infirmity in the order of the Tribunal, though I do feel that since the Insurance Company is disputing the genuineness of the cover note relied upon by the claimants, the Claims Tribunal which has already framed issues, ought to have also framed an issue with regard to the genuineness of the cover note. In this view of the matter, I direct the Claims Tribunal to frame an additional issue with regard to the genuineness or otherwise of the cover note/insurance policy. With the aforesaid direction, the appeal is disposed of. Dasti. SEPTEMBER 27, 2010 ka MACA No.645/2010 I ' • I I f' ''* •