Pepsu Road Transport Corporation Patiala v. United India Insurance Company Ltd. And Others

FAO No.1911 of 1995 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.1911 of 1995 (O&M) Date of Order:20.02.2018 Pepsu Road Transport Corporation Patiala ..Appellant

Versus

United India Insurance Company Limited and others ..Respondents CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:

Mr. Anupam Singla, Advocate, for the appellant.

Mr. Neeraj Khanna, Advocate, for respondent no.1.

Mr. Gaurav Gaur, Advocate, for respondent no.2.

ANIL KSHETARPAL, J(Oral) Appellant is in appeal against the award passed by the Motor Accident Claims Tribunal, Ambala, dated 22.03.1995. At the outset, it may be noticed that the claimant filed an appeal before this court for enhancement of the compensation being FAO NO.1901 of 1996, decided on 19.02.2014. The compensation awarded by the learned Motor Accident Claims Tribunal, Ambala, was enhanced. The only issue which remains to be decided in this case is whether the ill fated bus which met with an accident was insured or not? The learned Motor Accident Claims Tribunal after examining the insurance cover note and copy of letter dated 06.09.1991, Ex.R3 on the file has found as a matter of fact that the insurance cover note does not cover the bus in question. Learned counsel for the appellant could not Naresh Kumar 2018.03.06 10:28 I attest to the accuracy and integrity of this document Chandigarh

FAO No.1911 of 1995 (O&M) -2establish that the ill fated bus was insured with the United India Insurance Company Limited.

In view thereof, there is no scope for interference in the award passed by the learned Motor Accident Claims Tribunal, Ambala. The appeal is dismissed.

February, 20, 2018 (ANIL KSHETARPAL) nt JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Naresh Kumar 2018.03.06 10:28 I attest to the accuracy and integrity of this document Chandigarh