ORIENTAL INSURANCE CO LTD Vs. KAILASH SHARMA

JUDGEMENT

(1.) BOTH these appeals under Section 173 of the Motor Vehicles Act, 1988 (for short the Act) arise out of the same mo tor accident and similar questions are involved for determination in these ap peals, therefore, for the sake of convenience, both the appeals are heard to gether and are being decided by a com mon judgment.

(2.) A. O. No. 1311 of 2001 is di rected against the judgment and award dated 20-4-2001, passed by the Motor Accident Claims Tribunal/district Judge, Uttarkashi fin short the Tribunal) in Motor Accident Claim Petition No. 22 of 1999 moved under Section 166 of the Act by the claimant-injured Kailash Chandra Sharma, whereby compensa tion of Rs. 1,08,000/- along with inter est @ 10% per annum has been awarded in favour of the claimant against the Insurance Company- appellant as well as Anand Kishore Narain, the owner of the vehicle. A. O. No. 271 of 2002 has been preferred by the insurer of the vehicle against the judgment and award dated 12-7- 2002, passed by the learned Tribu nal in Motor Accident Claim Petition No. 60 of 1999, Vinod Kumar Sharma Vs. Anand Kishore Narayan and others, whereby compensation of Rs. 15. 000/-along with interest has been awarded in favour of the claimant against the op posite parties jointly and severally as mentioned in the impugned order.

(3.) THE Insurance Company filed its written statement and contested the claim petitions. According to insurer, the offending jeep was not insured on the date of accident. It was asserted that the owner/insured issued a cheque in respect of premium of the insurance, which was dishonoured for want of sufficient funds in the account. On this ground, the In surance Company has asserted that it was not liable to pay compensation.