NATIONAL INSURANCE CO LTD THROUGH ITS DIVISIONAL MANAGER, DIVISION OFFICE NO IV, DHANTOLI, NAGPUR Vs. BHAGWAN RAJARAM GAWAI

JUDGEMENT

(1.) This appeal is preferred by the insurance company which is held liable to pay compensation of Rs.79,500/ to respondent nos.1 to 4 herein, along with the owner and the driver of the offending vehicle, by the judgment and order dated 11/11/2005 by MACT, Wardha in Claim Petition No. 79/1998.

(2.) Brief facts of the appeal can be stated as follows: Deceased Shailesh was the son of respondent nos.1 and 2 and the brother of respondent nos.3 and 4. At the time of accident, he was running the age of 6 years and studying in the school. On 14/04/1995 at about 5:30 p.m. at village Selsura, he was standing by the side of the road in order to cross the road, at that time the Truck bearing no. MP23B6244 driven by respondent no.5 herein, came in rash and negligent manner and gave dash to the deceased. Due to the said accident, offence was registered against the Truck driver. Respondent no.6 is the owner of the said Truck. Respondent nos.1 to 4, therefore, claimed compensation of Rs.1,00,000/ from the appellant and respondent nos.5 and 6 jointly and severally.

(3.) This petition came to be resisted by appellant contending inter alia that the cheque for the amount of Rs.6,531/ issued by the owner of the Truck towards insurance premium for the period from 15/07/1994 to 15/07/1995 came to be dishonoured. The said fact was also communicated to the owner of the Truck and in such situation as the insurance policy itself was cancelled, appellant cannot be liable to pay any amount of compensation to the claimants.