Case Note & Summary
The case arises from a motor accident claim filed by the respondent no.1 (original applicant) before the Motor Accidents Claims Tribunal (MACT), Mumbai. On 11th July 2004, the applicant was travelling as a passenger in an auto-rickshaw bearing registration no. MH-02-QA-9127 from Malvani to Bandra Linking Road when the auto-rickshaw dashed against a divider due to failure of brakes, causing injuries to the applicant. The applicant filed a claim for compensation before the MACT, impleading the owner of the auto-rickshaw and the appellant insurance company. The appellant insurance company resisted the claim by filing a written statement on 16th October 2009, alleging that the vehicle involved in the accident was not insured with it on the material date. The appellant pointed out that the registration number mentioned in the claim petition was MH-02-QA-9127, whereas the vehicle allegedly insured with it bore registration no. MH-02-A-9127. The MACT, by judgment and order dated 2nd November 2011, allowed the application and directed the appellant to pay Rs.90,000/- jointly with the owner of the offending vehicle to the applicant, with interest at 9.25% per annum from the date of claim till realization. Aggrieved, the appellant filed the present first appeal before the High Court. The High Court framed the issue as to whether the appellant had discharged its burden of proving that the vehicle involved was not insured. The court noted that the appellant had not produced any evidence to show that the vehicle with registration no. MH-02-QA-9127 was not insured with it. The court held that the discrepancy in the registration number was a minor typographical error and did not affect the merits of the case. The court further observed that the appellant had not examined any witness or produced any documentary evidence to support its defence. Consequently, the High Court dismissed the appeal and upheld the award of the MACT. The court directed the appellant to pay the awarded amount with interest as per the Tribunal's order.
Headnote
A) Motor Accident Claims - Burden of Proof - Insurer's Liability - The insurer failed to discharge its burden of proving that the vehicle involved in the accident was not insured with it. The mere discrepancy in the registration number (MH-02-QA-9127 vs MH-02-A-9127) was held to be a typographical error and did not absolve the insurer from liability. The Tribunal's award of Rs.90,000/- with interest at 9.25% was upheld. (Paras 3-6)
Issue of Consideration
Whether the appellant insurance company is liable to pay compensation when the vehicle registration number in the claim petition had a minor typographical error (MH-02-QA-9127 vs MH-02-A-9127) and the insurer alleged the vehicle was not insured.
Final Decision
The High Court dismissed the appeal and upheld the judgment and order of the MACT dated 2nd November 2011, directing the appellant to pay Rs.90,000/- with interest at 9.25% per annum from the date of claim till realization.
Law Points
- Burden of proof on insurer to show vehicle not insured
- Minor typographical error in registration number does not defeat claim
- Insurance company cannot escape liability without evidence of non-insurance
