UNITED INDIA INSURANCE CO. LTD Vs. MATHURABAI

JUDGEMENT

(1.) THE original opponent No. 3, United India Insurance Co. Ltd., Polan Peth, Jalgaon, preferred this appeal against the award passed by the Member of the Motor Accidents claims Tribunal, Jalgaon, on 18th December 1982 in Motor Accident claims Petition, No. 21 of 1981 decreeing the original petitioners' claims to the extent of Rs. 37000/- with interest at the rate of 6 per cent per annum from the date of the application till payment.

(2.) THE facts giving rise to this appeal are that truck No. MHS 5210, owned by Pnthipal singh Amritsingh, opponent No. 2A, and insured with the appellant, dashed against a boy, Bhanudas alias Madhukar Ramdas Bari, aged about 20 years, on 8th March 1981 at about 7 a m. within the area of Village Shirsoli on Jalgaon-Shirsoli Road and the boy succumbed to the injuries sustained by the dash. He was standing near a stationary truck bearing No. MHV 7490 when the truck of Pnthipal singh dashed against the stationary truck and also against him. The dependants of Bhanudas filed an application for compensation. It was opposed by the driver and the owner of the truck and also by the appellant. The claims was for Rs. 1,00.000/-. The learned Member of the Tribunal, after considering the evidence adduced by the parties, found that Pnthipal singh was the owner of the truck on the date of the incident and that the insurance policy was in force on that day. As regards the quantum of compensation, he determined it at Rs. 37,000/-.

(3.) THE only point urged on behalf of the appellant is that Prithipal singh had sold the truck long before the date of the incident to the opponent No. 2 sometime in October 1980 and as such the insurance policy taken out by Prithipal singh in respect of the truck in question had lapsed and therefore, the Insurance Company could not be held liable to pay the amount under the said policy. The learned Counsel for the appellant pointed out that the agreement to sell the truck between Pritbipalsingh and opponent No. 2 Radhakisan Radharam Sindhi took place sometime in October 1980 and in pursuance of that agreement Prithipalsingh had parted with the truck and delivered it to Radhakisan and on the date of the incident Radhakisan was plying the truck. According to him, only a portion of the price of the truck remained to be paid, and that price was paid on 20th May 1981 when the truck was transferred in the office of the R.T.O. in favour of Radhakisan. He submits that the property in the truck had passed on to Radhakisan in October 1980 and only the formal act of change of registration remained, and that was done in May 1981 and after the registration in favour of Radhakisan the policy was also transferred in his name. Thus, according to him, on the date of the incident Prithipalsingh, who had taken out the policy, was no longer the owner of the vehicle, and as such the Insurance Company could not be held liable for payment of the compensation under the policy taken out by Prithipal singh.