VALLABHDAS Vs. PRITAMSINGH HARDARSHING AND ORS.

JUDGEMENT

(1.) Present appeal has been filed by the original claimants under Section 173 of the Motor Vehicles Act, 1988 (for short, the said Act) as they are aggrieved by the judgment of the Motor Accident Claims Tribunal, Nagpur dismissing the Claim Petition filed under Section 166 of the said Act.

(2.) The respondent No.2Insurance Company filed its written statement vide Exhibit39 on 26/02/2001 and took the stand that as per its record the vehicle mentioned was insured in the name of one Buta Singh and not the respondent No.1. It was further stated that said Buta Singh had paid premium of Rs.5754/ by cheque dated 24/07/1990 after which the respondent No.2 issued a cover note. However as the said cheque was dishonoured, the policy issued was cancelled by issuing letter dated 08/08/1990. Hence it was the stand of the respondent No.2 that on the date of accident, the vehicle in question was not insured. It was also stated that said Buta Singh was not joined as party in the proceedings.

(3.) During pendency of the proceedings, the Claims Tribunal by order dated 21/06/1997 awarded an amount of Rs.25,000/ as no fault liability in favour of the appellant. This order was challenged by the respondent No.2 in F.A. No.395 of 1999. Aforesaid appeal however, was withdrawn on 02/07/2004.