ORIENTAL INSURANCE CO LTD Vs. UPENDRA BABU DUBEY

JUDGEMENT

(1.) This appeal is directed against the award of Motor Accidents Claims Tribunal dated 27.8.2001 awarding Rs. 3,00,000 as compensation to the claimants-respondents.

(2.) The claim petition was filed by the claimants-respondents with the allegations that on 13.1.1999 Priyank Dubey along with Om Prakash Sharma and Vinay Kumar Shukla was going on foot from Ajitmal to Raharpur at about 11.15 a.m. and when he reached near the Police Station, Ajitmal, truck No. UAN 9514 dashed against him, with the result he sustained severe injuries resulting in his death.

(3.) Mr. Manish Goyal, learned counsel for the appellant has assailed the order of the Tribunal on the ground that the accident had taken place on 13.1.1999 and prior to it the policy having been cancelled, the appellant was not liable to indemnify the insured under the provisions of section 149 of the Motor Vehicles Act, 1988 (in short 'the Act').