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2009 Supreme(Kar) 918

D.V.SHYLENDRA KUMAR, K.N.KESHAVANARAYANA
New India Assurance Co. Ltd. , Secundarabad Branch – Appellant
Versus
Sri Afroz Khan – Respondent


Advocates appeared:
For the Appellant:M. Sudarshan, Advocate.
For the Respondent:Smt Umadevi K. Babshetty, Advocate.

Judgment :-

1. Appeal under Section 173 of the Motor Vehicles Act, 1988 [for short, the Act], directed against the Judgment and award dated 20.11.2002 in MVC No.227/2000 passed by Addl. MACT & Addl. CJ (SR), Bidar.

2. This appeal is by the second respondent in the claim petition, the Insurance Company, and for questioning the order of the Tribunal in so far as the Award/Order to be satisfied jointly by the owner and by the Insurance Company awarding a global compensation of Rs.3,41,500/-with interest at 9% PA from the date of petition till the date of realization, on the ground that the award in so far as the Insurance Company is concerned, is not tenable when the Insurance Company in fact had never covered the vehicle in question by a policy issued by them and particularly when the claimant sought to make out a case against the insurance company by producing Ex.P-4 cover note of a policy said to have been issued by the Insurance Company for covering the risks of the owner in respect of the vehicle bearing Registration No.AP-9/U-6159, which, according to the appellant, is a forged/concocted Xerox copy.

3. This appeal has been heard for quite some time and we had noticed that good nu






























































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