ORIENTAL INSRANCE COMPANY Vs. GITABAI

JUDGEMENT

(1.) Being aggrieved by the judgment and Award dated 1.3.2008 passed by the Chairman, Motor Accident Claims Tribunal, Amravati in Claim Petition No. 325 of 2004 granting compensation of Rs. 3,70,000/ (inclusive of no fault claim) to be paid by respondents no. 1 to 3 to the original claimants together with interest @ 7.5% per annum from 14.7.2004.

(2.) Facts in brief are that husband of claimant no. 1; father of claimants no. 2 to 4 and son of claimant no. 5 by name Bhaskar Bramhane, a coolie by occupation, was travelling by Travel Bus No. MH 27/A 9240 from Digram to Arhad (Kurhad), District Amravati.

(3.) Learned counsel for appellant submits that the date on which accident had occurred, the bus in question was not insured at all. He further submits that the cheque issued by respondent no. 2 towards premium had bounced and, therefore, contract of insurance was rendered void. He has placed reliance on National Insurance v. Seema Malhotra & ors, 2001 AIR(SC) 1197 and New India Assurance v. Anjanabai & ors, 2006 1 ACC 156.