MANAGER, THE NEW INDIA ASSURANCE CO. LTD., REP. BY ITS REGIONAL MANAGER Vs. SRI. NAGARAJ, SMT. LEELAVATHI AND ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) THOUGH the appeal is listed for hearing on Interlocutory Application, the same is taken up for final disposal with the consent of the learned Counsel appearing for appellant as well as the respondents. This above appeal is filed challenging the judgment and award dated 11.12.2003 passed in MVC No. 12/1997 on the file of the XIX Additional Judge, Court of Small Causes and Member, Motor Accident Claims Tribunal (SCCH -17)(for short 'the Tribunal'), Bangalore, contending that as on the date of the alleged accident i.e., on 28.10.1996, the vehicle which was involved in the accident i.e., the vehicle bearing registration No. KA -09 -951 was not covered with the valid policy of insurance and the vehicle was insured subsequent to the alleged accident i.e., on 30.10.1996 and as such, the appellant is not liable to indemnify the owner of the vehicle viz.;, respondent No. 4 herein.

(2.) AS notice sent to the respondent No. 4 is returned with postal shara 'refused', service of notice on him is held sufficient vide order dated 8.3.2013.

(3.) THE brief facts leading to the filing of the claim petition are that on 28.10.1996 when the wife of the claimant/respondent No. 1 herein was proceeding along with the claimant in the car bearing registration No. CAX 2040 on Bangalore Mysore Road at about 3.45 p.m. near Bachanahalli, the lorry bearing registration No. KA 09 -591 which was coming from the opposite direction was being driven by its driver in a rash manner, went and dashed against the said car and caused the accident; in the said accident, wife of the claimant suffered grievous injuries and later she succumbed to the same in the hospital and it is specifically contended by the claimant that the accident occurred on account of the rash/negligent driving of the drivers of both the vehicles.