NEW INDIA INSURANCE CO LTD Vs. SUSHILA DEVI

JUDGEMENT

(1.) THIS appeal has been made by the insurance company challenging the order dated 17th March, 2009 passed by Motor Accidents Claims Tribunal, Allahabad. Although the Insurance Company has been given right to recover from the owner for not having valid licence but the learned counsel appearing for the insurance company contended before this Court that as per the own advice of the owner, insurance of the vehicle was cancelled on 30th July, 2000. However, we find from the record that the same was communicated on 27th September, 2000 when the accident took place on 6th August, 2000 i.e. prior to the accident and Section 149 (1) of the Motor Vehicles Act, 1988 also supports the case of the owner, therefore, payment of compensation, for any reason whatsoever, cannot be avoided by the insurance company. Thus, we do not find any cogent reason to interfere in the appeal. Hence, in view of the above, the appeal stands dismissed at this stage of admission upon being heard on informal papers, as agreed by the parties. No order is passed as to costs. Incidentally, the appellant-insurance company prayed that the statutory deposit of Rs. 25,000/- made before this Court for preferring this appeal be remitted back to the concerned Motor Accidents Claims Tribunal as expeditiously as possible in order to adjust the same with the amount of compensation to be paid to the claimants, however, such prayer is allowed. However, in case the owner and/or anyone has preferred any appeal or made any application before the appropriate Court/tribunal, the insurance company will not be debarred from contesting the same.