USHA RAJESH THAPA Vs. KALPANA ARUN HANKAR

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 19th October, 2012 passed by the learned Member of the Motor Accident Claim Tribunal in Application No. 229 of 2003 which was filed by the appellants herein directing only opposite party i.e. respondent no.1 herein to pay compensation of Rs.13.75 lacs to the appellants (original appellants) and rejecting the claim of compensation against the insurer i.e. M/s. National Insurance Company Limited. Some of the relevant facts for the purpose of deciding this appeal are as under :

(2.) The appellant no.1 is widow, appellant no. 2 is the daughter of the deceased, appellant no. 3 is the mother of the appellant, appellant no. 4 is the handicapped sister of the deceased. On 30th December, 2002 at 8.30 p.m. deceased Rajesh Thapa was driving his motor cycle bearing registration No. MH03P7481 through Aarey Colony for going to Saki Naka. It is the case of the appellants that in front of Picnic Point Chowky, Goregaon (E), Mumbai, a bus bearing registration No. MWD 855, came from opposite direction, being drived in rash and negligent manner. It dashed against the motor cycle causing the said deceased fatal injuries who died on 3rd January, 2003.

(3.) The appellants being legal heirs of the said deceased filed claim before MACT, Bombay. The opposite party failed to appear. The matter proceeded exparte against him. The insurer filed written statement and raised a plea that the premium cheque dated 7th January, 2002 of Rs.4523/ issued towards the policy commencing from 7th January, 2002 to 6th January, 2003 was handed over to National Insurance Company, Division No. 13 and was dishonoured on 10th January, 2002. The insurer issued notice to the opposite party on 23rd January, 2002 cancelling the policy since inception. Motor Accident Claim Tribunal framed following issues :