ORIENTAL INSURANCE COMPANY LIMITED Vs. BHAL NALKANTHA KHADI

JUDGEMENT

(1.) This Letters Patent Appeal is directed against the judgment and order dated 28th April 1995 of the learned Single Judge, partly allowing First Appeal No. 1127 of 1987, arising from M.A.C.Case No.232 of 1985 and the order dated 23.6.1997 passed by the learned Single Judge in Misc.Civil Application No. 1842 of 1995 rejecting the said review application.

(2.) Respondent No.2 herein filed the above numbered Claim Petition before the Motor Accident Claims Tribunal, Ahmedabad for claiming compensation of Rs.1,00,000/- for the injuries sustained by him in the vehicular accident which took place on 8th August 1984 at 3.15 p.m. As the claimant was minor at the relevant point of time, the claim petition was filed through his father.

(3.) The owner and the Insurance Company contested the claim petition. After considering the evidence on record, the Tribunal rendered its award dated 15th January 1987 awarding compensation of Rs.62,800/- with proportionate costs and interest to the claimant. However, the Tribunal absolved the Insurance Company, i.e. appellant herein, from its liability to answer the award and the liability was fastened on the driver and owner of the offending vehicle. Hence, the award of the Tribunal came to be challenged in First Appeal by the owner. The First Appeal, which came to be accepted by the learned Single Judge by his judgment under Appeal holding that since the Demand Draft for premium for the policy and the proposal form signed by the insured, were given to the authorised agent of the Insurance Company on 7th August 1984 i.e. one day before the date of accident, the Insurance Company was liable to satisfy the award. The application for review of the said order, being Misc.Civil Application No. 1842 of 1995 filed by the Insurance Company came to be rejected by the learned Single Judge vide order dated 23.6.1997 which is also under challenge in this appeal.