NATIONAL INSURANCE CO. LTD Vs. SUBHASH GUPTA

JUDGEMENT

(1.) MAC. APP. No. 649/2005

(2.) THE instant appeal is preferred against the award dated 16.2.2005, whereby the learned Tribunal awarded compensation for a sum of Rs. 1,41,320 with interest @ 6% per annum from the date of filing of the petition till realization of the amount. The main ground taken in the instant appeal is that the accident had taken place on 30.1.2003 and on the said date, the offending vehicle was not insured with the appellant/Insurance Company. Despite, learned Tribunal has directed the appellant to pay the compensation amount in favour of the claimant even without granting recovery rights against respondent No. 2, i.e., owner of the offending vehicle.

(3.) LEARNED Counsel submits that even in written statement filed before the learned Tribunal, it was specifically mentioned that the offending vehicle bearing No. DDL -6760, a Matador, which involved in the alleged accident, was insured with the Policy bearing No. 360501/31/02/6725827 for the period from 4.2.2003 to 3.2.2004. However, the accident had taken place on 30.1.2003. Thus, on the date of accident, the said vehicle was not covered under the aforesaid policy.