NEW INDIA ASSURANCE COMPANY LTD. Vs. PHOOLLMATI

JUDGEMENT

(1.) This First Appeal From Order under Section 173 of Motor Vehicle Act, 1988 is moved against judgment and award dated 24.11.2000 of learned Motor Accident Claims Tribunal/11th Additional District Judge, Lucknow in claim petition no.149 of 1995 (Smt. Phoolmati v. Mashroor Sabir and The New India Assurance Company Ltd.) by the New India Assurance Company Ltd. which shall hereinafter be called as the "insurer" only.

(2.) By the impugned judgment and award the court below/Motor Accident Claims Tribunal, which shall hereinafter be called as "M.A.C.T." for the purpose of brevity and convenience, has awarded compensation for the unfortunate death of the husband of claim petitioner - Phoolmati due to accident caused by rash and negligent driving of truck no.HR-37/2286 by its driver. The said truck was owned by opposite party no.1 of the claim petition, Mashroor Sabir and is alleged to have been insured by the appellant. The validity of the insurance coverage was effective at the relevant time of accident.

(3.) The M.A.C.T. recorded finding as to the accident having taken place due to the driver's rash and negligent driving. It further decided issue no.3, against the insurer, which was as to the driver, whether was having valid driving license and other valid documents in accordance with the terms and condition of the insurance policy at the relevant date of accident. The learned M.A.C.T. on the basis of paper no.C-22/Ga the copy of the order passed by Munsif Magistrate Mohammadi decided the issue of insurance policy being valid and effective at the relevant date of accident. The insurer preferred the present appeal against the judgment of M.A.C.T. whereby it has directed to indemnify the owner for his liability to pay the compensation awarded therein for payment to the claimants.