NEW INDIA ASSURANCE CO. LTD. Vs. SHANTABAI

JUDGEMENT

(1.) The appellant/Insurer impugns the judgment and award dtd. 11/11/2013 passed by the Motor Accident Claim Tribunal, Jalna in M.A.C.P. No.16/2011.

(2.) With the consent of the parties, matter is taken up for final hearing.

(3.) Mr. Ambhore, learned Advocate appearing for the appellant submits that respondent nos.1 and 2/original claimants had instituted claim for compensation of Rs.7,00,000.00 under Sec. 166 of the Motor Vehicle Act against the owner and insurer of the tanker bearing Registration No.HP-47-3804 alleging accidental death of their son Chandu due to rash and negligent driving of the said vehicle. The Tribunal passed an award in favour of the claimants for compensation of Rs.4,45,500.00 alongwith interest at the rate of 7.5% p.a. holding the respondents jointly and severely to pay the compensation. Mr. Ambhore, learned Advocate further submits that on the date of accident i.e. on 28/9/2010 the policy in respect of the vehicle in question had been cancelled by the Insurer and communication was made to the insured as well as RTO by Registered Post. As such, the insurance policy was not in subsistence as on the date of the accident. In support of his contentions, he has placed on record the copies of the communication alleged to have been issued to transport authority by the Registered Post. He would, therefore, submit that the Tribunal ought to have exonerated the Insurer.