NATIONAL INSURANCE CO. Vs. PANKI BABULAL CHAUHAN

JUDGEMENT

(1.) The present First Appeal, under Sec. 173 of Motor Vehicles Act, 1988, is preferred by the appellant - insurance company, being aggrieved and dissatisfied with the judgment and award dtd. 26/3/2024 passed by the Motor Accident Claims Tribunal (Aux.), Surat in Motor Accident Claim Petition No.248 of 2011, by which the Tribunal has awarded compensation of Rs.2,82,973.00 with 9% per annum interest to the claimant/s, holding the Opponents i.e. driver, owner and insurance company of Maruti Van No.GJ-21-4426, liable, jointly and severally.

(2.) Brief facts of the case are as under:

(3.) Learned advocate Mr. Mehta for the appellant - Insurance Company has submitted that the Tribunal has committed an error in not properly appreciating the facts of the case. He has submitted that the accident occurred on 23/8/2009 and the insurance policy commenced from 25/8/2009 and was valid upto 24/8/2010. He has submitted that therefore, on the date of accident, no valid insurance policy was in existence. He has placed reliance on the provisions of Sec. 64VB of the Insurance Act and has submitted that no risk to be assumed unless premium is received in advance. He has submitted that the impugned award may be quashed and set aside and this appeal may be allowed.