SHEO PRASAD TEWARI Vs. DIST JUDGE FATEHPUR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) An accident took place on 19-10-1982 involving a Bus owned by the petitioner and leading to the death of Ajaipal Singh, the husband of respondent 3. A claim petition was filed by the respondent 3 before Motor Vehicles Accident Claims Tribunal (District Judge, Fatehpur). This proceeded ex parte since the petitioner, who alone was impleaded as the opposite party to the claim petition, did not put in appearance. The award was given on 29-8-1983 giving a sum of Rs. 31,000/- to respondent 3. When the award was sought to be enforced, the petitioner put in an application to the effect that the amount be recovered from New India Assurance Co. Ltd. Respondent 2, on the plea that the Bus in question stood insured with respondent 2 on the relevant date. This plea was rejected by the Tribunal summarily under the impugned order dt. 15-2-1984 with the observation that it appears that the Insurance Policy relied by the petitioner was for the period of June 5, 1982 to June 4, 1983 and that did not cover the date when the accident took place. Aggrieved against this rejection, the petitioner has approached this Court.

(3.) Learned counsel for the petitioner has referred to the Insurance Policy issued to him by Respondent 2 covering the period June 5, 1982 to June 4, 1983. It has been submitted that subsequently this policy was renewed on June 1,1983 for the period subsequent thereto. It seems the attention of the Tribunal was not drawn to the Insurance Policy which covers the period when the accident took place, viz. 19-10-1982 and was also renewed. There being the policy intact for the period 5th June, 1982 to 4th June, 1983 it cannot be said that there was no insurance for the relevant period.