ASHA BHALCHANDRA JOSHI Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) This appeal is directed against the judgment whereby the learned single Judge, deciding First Appeal No. 624 of 2002, remanded the matter to the Motor Accident Claims Tribunal, Nagpur, for reconsidering the liability of insurance company to pay compensation for motor accident.

(2.) The facts in the context of which the learned Member, Motor Accident claims Tribunal remanded the matter back are as under : on 11-4-1991 the appellant met with an accident by Truck No. NLM-8876, which was allegedly insured with the respondent. She suffered severe injuries to her thigh, legs etc. One of her thighs was crushed. She had to undergo several operations and even after treatment was left disabled. She, therefore, filed petition claiming compensation before Motor Accident Claims Tribunal, Nagpur, against the owner of the truck and the present respondent/ insurer. She had stated in Clause 13 of paragraph 4 of her petition that the respondent had provided insurance cover to the truck under Policy No. 751 valid for 18-3-1991 to 17-3-1992, presumably as per information which she had received from the police papers. This petition filed on 11-10-1991 was accompanied by an application for compensation under section 140 of the Motor Vehicles Act as well.

(3.) The respondent Insurance Company filed reply on 29-4-1992. It admitted the contents of Clause Nos. 12 and 13 in paragraph 4 of the petition. In addition in paragraph 12 of the reply the Company explicitly admitted that it had provided insurance to Truck No. NLM 8876, though it denied that any such accident occurred due to the said truck.