2009(4) ALL MR 575
IN THE HIGH COURT AT JUDICATURE AT BOMBAY(NAGPUR BENCH)
A.H. JOSHI, J.
The New India Assurance Co. Ltd.Vs.Smt. Rukhmabai Wd/O. Laxman Charde & Ors.
First Appeal No.439 of 2001
15th June, 2009
Petitioner Counsel: Mr. A. J. POPHALY,Mr. L. V. LIMAYE
Respondent Counsel: Mr. S. B. BANGDE,Mr. A. V. BHIDE
Motor Vehicles Act (1988), S.147 - Evidence Act (1872), S.3 - Liability of Insurance Company - Proof - Cases are decided on evidence and not on bare pleadings and oral arguments. AIR 2003 SC 1009 and 2004 ACJ 428 - Ref. to. (Para 13)
New India Assurance Co. Ltd. Vs. Asha Rani, 2003(Vol.I) ACJ 1 [Para 6]
National Insurance Co. Ltd. Vs. Ajit Kumar, 2003(4) ALL MR 758 (S.C.)=AIR 2003 SC 3093 [Para 6]
Oriental Insurance Co. Ltd. Vs. Devireddy Konda Reddy With Oriental Insurance Co. Ltd. Vs. Jogi Subbamma, AIR 2003 SC 1009 [Para 6]
National Insurance Co. Ltd. Vs. Baljit Kaur, 2004 ACJ 428 [Para 6]
National Insurance Co. Ltd. Vs. V. Chinnamma, AIR 2004 SC 4338 [Para 6]
"In the background of admitted fact, namely in the accident occurred on 1st May, 1992, whether a person travelling in the goods vehicle accompanying the goods, for which he had paid the freight charges, is covered by the Insurance Policy ?"
4. After the claim was allowed, now the Insurance Company is in appeal before this Court, and, based on settled law, namely that prior to the 1994 amendment, argues that insurance of passengers accompanying the goods was contingent upon payment of premium, and on the facts of the case, as no such payment was made, no liability was attracted.
[a] New India Assurance Co. Ltd. Vs. Asha Rani & ors. [Accidents Claims Journal 2003(Vol.I) 1],
[b] National Insurance Co. Ltd. Vs. Ajit Kumar & ors. [AIR 2003 SC 3093],
[c] Oriental Insurance Co. Ltd. Vs. Devireddy Konda Reddy & ors. With Oriental Insurance Co. Ltd. Vs. Jogi Subbamma & ors. [AIR 2003 SC 1009],
[d] National Insurance Co. Ltd. Vs. Baljit Kaur & ors. [2004 ACJ 428], and
[e] National Insurance Co. Ltd. Vs. V. Chinnamma & ors. [AIR 2004 SC 4338].
9. Though it was alleged that the Insurance Policy did not cover the case of a present nature, it being a question of exclusion of liability, it was necessary for the Insurance Company to have proved the terms of policy.
12. An oral submission or a pleading for that matter that the premium paid did not cover the liability of the class of passengers of the present nature is, thus, a "pleading and argument" without proof of facts.