S.B.WAD
NEW INDIA ASSURANCE COMPANY LIMITED – Appellant
Versus
SALONI DARGAN – Respondent
( 1 ) THIS is an appeal filed by New India Assurance Co. Ltd. against the award made by the Tribunal on 26. 8. 1986 granting Rs. 1,19,700. 00 as compensation and further holding that the insurance company was liable to pay the entire amount. The submission of the appellant company is that its liability is limited to Rs. 50. 000. 00.
( 2 ) AT the time of recording of the evidence one J. C. Sharma, Assistant Administrative Officer, appeared and produced the true copy of the policy. He stated in his evidence that he had prepared the original policy, that the carbon copy of the policy was destroyed and that the insurance company had sent the notice and telegram to the owner Ravi Dutt to produce the original in the court. The owner did not produce the original policy. The Tribunal found that the copy produced was neither of the original nor a carbon copy. The Tribunal further held that no date has been mentioned as to when the true copy was prepared. The court also found that the policy was issued in July, 1978 while the proforma of the true copy shows that the forms itself were printed in August, 1978. The Tribunal, therefore, did not place any reliance on the true copy of the
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