PANDURANGA Vs. THE ORIENTAL INSURANCE CO., LTD.

JUDGEMENT

(1.) These two appeals are directed against the Judgment and Award passed by the Motor Accident Claims Tribunal, Bangalore, dated 8.9.2008 in MVC No.3269/2006. Claimant has filed MFA No.4550/2009 seeking for enhancement and prayed for insurer being made liable to indemnify the claim.

(2.) Legal representatives of the deceased-owner of offending vehicle have filed MFA No.7897/2012 is seeking for Judgment and Award being set aside on the ground that award is passed against a dead person and as such, it is not enforceable against the legal representatives and also contending that insurer would be liable to indemnify the claim, since policy issued to the offending vehicle as on the date of accident namely, Ex.R.3 was in force.

(3.) Shri Madhusudhan S, learned counsel on behalf of insurer would support the judgment and award passed by the Tribunal contending inter-alia that insurance policy issued to offending vehicle clearly indicates that policy would be in force and vogue as long as Registration Certificate was valid and on account of Registration Certificate having expired and same having not been renewed, insurer would not be liable to indemnify the claim.