A certified copy of insurance policy produced by the insurance company which issued it is admissible in evidence without any formal proof of it.

T.H.B.Chalapathi, J.

1. These two matters arising out of claims for compensation under Section 110 of the Motor Vehicles Act, 1939 , were referred to a Full Bench as it was felt that there were conflicting opinions on the admissibility of the copy of the insurance policy in evidence and the onus to prove the terms of the policy.

2. In First Appeal from Order No. 1154 of 1988, the learned judges of a Division Bench of this court noticed the conflicting views taken by two different Division Benches in Jullundur Transport Co-operative Society Ltd. v. Mrs. Raj Wali [1989] 1 PLR 259 ; [1989] ACJ 901 (P&H) and Oriental Insurance, Co, Ltd. v. Clandrawati [1990] 68 Comp Cas 79 (P&H) ; [1989] 1 PLR 240 in regard to the production of the copy of the insurance policy and the exhibition thereof by the court without any formal proof of the execution of the policy. The learned judges also observed that another point of "similar importance regarding the onus to prove the terms of the policy whether the onus is on the insured or on the insurance company" also arises. Therefore, their Lordships directed the papers to be placed before the Hon ble Chief justice for deciding the matter by a larger Bench.

3. In L, P. A. No. 372 of 1985, the Division Bench noticed the conflict in Jullundur Transport Co-operative Society Ltd. v. Mrs. Raj Wali [1989] 1 PLR 259 ; [1989] ACJ 901 (P & H), General Assurance Society Ltd. v. Avtar Singh [1986] ACJ 652 ; [1987] 62 Comp Cas 218 (P & H), Puran Chand v. Balbir Singh [1986] 1 PLR 561 ; [1987] 61 Comp Cas 763 (P & H), Ranjit Singh v. Miss. Pooja Madan [1990] 1 PLR 76 ; [1990] ACJ 567 (P & H), Azad Nakodar Bus Service v. Harbans Singh [1989] 2 PLR 485 ; [1989] ACJ 1165 (P & H), Smt. Kako Devi v. Gian Parkash Gupta [1990] 1 PLR 483 ; (1990) ACJ 395 (P & H) and observed that there is a conflict in these decisions and the same is required to be settled by a Full Bench. Therefore, the Letters Patent Appeal was directed to be heard by the Full Bench along with the aforesaid First Appeal from Order No. 1154 of 1988. Thus, both the matters have been placed before us to resolve the conflict of the decisions noticed by the different Division Benches of this court.

4. First Appeal from Order No. 1154 of 1988 :

This appeal arises out of a claim petition in M.A.C.T. Case No. 271/31/53 of 1987/88 on the file of the Motor Accidents Claim Tribunal, Ludhiana, filed by the legal representatives of one Paramjit Singh, who died in a motor vehicle accident that took place on October 31, 1987, at about 3.30 p.m. while he was travelling in a tempo bearing No. PCN 9097. According to the claimants, a bus, bearing No. PJG 7199, driven by its driver, Didar Singh, respondent No. 5, in this appeal, struck the tempo on its right side causing multiple injuries to the deceased and the deceased died while undergoing treatment in C.M.C. Hospital, Ludhiana. The claimants claimed a compensation of Rs. 3 lakhs for the death of Paramjit Singh in the motor vehicle accident.

5. The insurance company with which Tempo No. PCN 9097 was insured, took the plea that the maximum liability of the insurance company is limited to Rs. 50,000 under the Motor Vehicles Act. The insurance company aiso raised some other pleas which are not relevant for the purpose of deciding this appeal. The parties to the claim petition adduced evidence and the copy of the insurance policy was marked as exhibit R-1 by the Tribunal on its being produced by the insurance company. On a consideration of the evidence on record, the learned judge of the Motor Accidents Claims Tribunal, Ludhiana, held that the accident took place as a result of composite negligence on the part of the drivers of both the vehicles resulting in the death of the deceased, Paramjit Singh. It awarded a total sum of Rs. 1,70,000 as compensation to the claimants for the death of the deceased with interest at 12 per cent. per annum from the date of filing of the claim petition and apportioned the compensat