ORINTAL INSURANCE CO LTD Vs. KASHAMMA

JUDGEMENT

(1.) THIS appeal is directed against the judgment and award made by the additional Civil Judge, Bidar in mvc. No. 153/2001 on the file of the Addl. Civil Judge (Sr. Dn.) and Motor Accident claims Tribunal-Ill, Bidar, whereby the Member of the Claims tribunal directed the appellant-Insurance Company to pay a global compensation of rs. 2,05,200/- together with interest @ 8% p. a. from the date of petition till the date of deposit, to the respondent-claimants.

(2.) ASSAILING the said judgment and award the Insurance Company has come up with this appeal mainly urging on the ground that the court below committed an error in making the appellant liable to satisfy the award, even after the appellant proved the cancellation of the insurance policy by producing Exs, R-1 to R-8 and that it is not justified in adopting the negative approach to make the appellant liable to pay the compensation even in the absence of subsisting policy. It is the case ef the appellant that the policy came to be cancelled much prior to the date of accident and the cancellation of policy was intimated to the 7th respondent by registered post. Therefore the appellant is not liable to indemnify the owner of the vehicle and the evidence recorded by the trial Court is liable to be dismissed.

(3.) HEARD the arguments of the learned counsel for the appellant and the learned counsel for the respondents 1 to 7.