ORIENTAL INSURANCE CO Vs. NARANBHAI BHALUBHAI JARIA

JUDGEMENT

(1.) The appellantInsurance Company has preferred the present appeal against the judgment and award dated 7.3.2011 passed by the Motor Accident Claim Tribunal (Aux.), Dhoraji, in Motor Accident Claim Petition No.187 of 2002, wherein the learned Tribunal has awarded the amount of compensation of Rs.1,18,500/.

(2.) The appellantInsurance Company has preferred the present appeal inter alia contending that the then ownerK.G. Patel has not been impleaded as a party to the proceedings and the person i.e. subsequent transfereeD.K. Boriya is impleaded as owner and he is not insured with the Insurance Company. Therefore, though the transfer was effected by the previous owner Mr.K.G. Patel to Mr.D.K. Boria, but the same was not intimated to the Insurance Company and therefore, there was no transfer so far as the name of the insured is concerned and in that view of the matter no liability could not have been fastened upon the Insurance Company.

(3.) The brief facts of the case are that on 15.2.2002 at about 1:00 a.m., claimantNaranbhai Bhalubhai Jaria was travelling as cleaner in matador bearing registration No.GJ2T6112 which dashed with stationary truck bearing registration No.GRW3043 and in the said accident, the claimant sustained serious injuries.