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ALKA SARIN
ICICI Lombard General Insurance Company Ltd. – Appellant
Versus
Ram Krishan – Respondent
JUDGMENT
Mrs. Alka Sarin, J. (ORAL)
CM-20858-CII-2013
This is an application for condonation of delay of 12 days in filing the appeal.
For the reasons stated in the application, delay of 12 days in filing the appeal is condoned. CM stands disposed off.
FAO-4882-2013
The present appeal has been preferred by the appellant-insurance company challenging the award dated 18.05.2013 passed by the Motor Accident Claims Tribunal, Bhiwani. Vide order dated 09.04.2014 the appeal qua the claimant-respondent No. 1 was dismissed and the present appeal survives only qua the owner and driver (respondent Nos.2 and 3 herein) for grant of recovery rights.
2. Learned counsel for the appellant-insurance company would contend that in the present case the stand taken by the appellant-insurance company was that the insurance policy was fake and that it had produced sufficient evidence on the record to show that the policy was different from the proforma of the policies which were issued by the appellant-insurance company. The learned counsel would further contend that the Legal Manager stepped into the witness box as PW1 and proved the case of the appellant-insurance company. It is further the contention of
An insured party cannot be penalized for clerical errors made by the insurance company in policy issuance, and the burden of proof lies with the insurer to demonstrate any claims of policy invalidity....
An insurer can only appeal on statutory grounds unless permitted under Section 170 of the Motor Vehicle Act; new grounds cannot be raised in appeal if not previously presented.
(1) Motor Insurance – A third party claimant is not concerned with dispute between Insurer and insured.(2) Burden is on insurance company to prove that policy of insurance produced on record is fake.
The insurance company bears the burden to prove the authenticity of the insurance policy, and failure to investigate alleged fraud results in liability for compensation.
Insurance policies in motor accident claims must be proven valid unless convincingly challenged by the insurer; mere assertions aren't sufficient to annul liability.
Insurance liability is contingent on the validity of the driver's license; if the driver has a fake license, the Insurance Company cannot be held liable for compensation.
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