ORIENTAL INSURANCE CO LTD Vs. USHA

JUDGEMENT

(1.) THE Oriental Insurance Company Limited impugns the judgment dated 09.08.2004 on the ground that it was wrongly saddled with the liability to pay the compensation as the Insurance policy had been cancelled by a letter dated 21.12.2001 before the accident which took place on 01.01.2002. A compensation of Rs. 6,26,600/- was granted in favour of the Respondents No. 1 to 5 for the death of Bhojraj who was aged about 41 years and was working as an Electrician at the time of the accident.

(2.) I would not go into the question of negligence and the amount of compensation as by order dated 27.10.2004 notice was issued only to owner and the driver of the offending vehicle to grant the Appellant the right to recover from them the compensation awarded in case the Insurance Company succeeded in the Appeal. It is not in dispute that a new motor car (Maruti Zen) No. DL-4CQ-0593 was purchased by Mahavir Singh and a cover note No.271455 and an Insurance policy 31/2001/6884 for comprehensive coverage was issued by the Appellant Oriental Insurance Company Limited.

(3.) IT would be fruitful to refer to the evidence of Mahavir Singh (RW-1), the owner of the offending vehicle and J.L. Madan (R3W1), Senior Assistant, Oriental Insurance Company Limited.