NEWINDIANASSURANCE CO.LTD Vs. SHARADA D. DEVIDAS

JUDGEMENT

(1.) THIS appeal under section 173 of the Motor Vehicles Act, by the appellant -Insurance Company, challenges judgment and award dated 15th July, 2008, delivered by the Presiding Office, Motor Accident Claims Tribunal (North), Panaji, Goa in Claim Petition No. 77/2002. The Insurance Company has filed this appeal only to demonstrate that at the time of the accident, in which husband of respondent No.1 and father of respondents No.2 to 4 expired on 22nd January, 2002, the truck involved therein was not insured with it.

(2.) IN view of the limited challenge, the other facets normally required to be looked into, are not germane here.

(3.) LEARNED Counsel for the appellant -Insurance Company submits that the MACT failed to correctly note the impact of obtaining new insurance policy i.e. fresh insurance policy by the owner of the offending truck on 22.1.2002 at 4.50 hours. He submits that it implies knowledge to the owner that earlier policy obtained by him on 7.1.2002 in relation to that truck which would have otherwise continued till 6.1.2003, stood determined before 4.50 hours on 22.1.2002. He states that in this situation, only limited question is, whether 4.50 hours mentioned on policy as time of its commencement was 4.50 at morning or then 4.50 hours in the afternoon ? He states that there is categorical finding of the MACT that the accident took place on 22.1.2002 at 2.00 p.m. and this hour of the accident is not in dispute.