NATIONAL INSURANCE COMPANY LTD Vs. RAMCHARAN

JUDGEMENT

(1.) IN this appeal the Appellant/INsurance Company has impugned the award dated 28.11.2002 passed by the IIIrd Additional Motor Accident Claims Tribunal, Bilaspur in claims case No. 06/2002, whereby compensation of Rs. 1,08,000/-was awarded against the Appellant/INsurer for accidental death of one Satya Prakash, aged 19 years.

(2.) THE following facts are not disputed in this appeal:

(3.) THE Appellant/Insurer pleaded that the driver of the offending truck did not possess a valid driving licence at the time of accident and that the owner of the truck had transferred the ownership of the track in favour of one Ramlal Baiswar before the accident, without giving any intimation to the Appellant/insurer. THE Appellant/Insurer thus prayed before the M.A.C.T. that there was a fundamental breach of policy condition and liability to pay compensation could not be fastened on it.