BRANCH MANAGER, NATIONAL INSURANCE CO LTD Vs. SUMAN

JUDGEMENT

(1.) This is an appeal filed by the appellant/Insurance Company challenging the judgment and award dated 24th December, 2019 passed by the Member, Motor Accident Claims Tribunal-3, Nagpur in MACP No. 501 of 2000, thereby directing the appellant to first pay the awarded money and then recover the same from the owner of the offending travel bus.

(2.) On 18th May, 2000, deceased Laxman Kadve was driving his jeep bearing registration No. MH-31/G-4638. When he reached near Thanegaon area on National Highway No.6, a travel bus bearing registration No. MH-31/W-8843 came in high speed, rash and negligently and gave dash to the jeep of deceased. Deceased sustained injuries and died in the accident. Crime No. 52/00 came to be registered against the driver of travel bus at Police Station, Karanja. Legal heirs of deceased filed Claim Petition No. 501 of 2000 before MACT, Nagpur. The appellant appeared and filed written statement at Exh.25 and denied the claim on the ground that respondent No.1/ owner of offending bus had issued Cheque No. 016442 dated 04th January, 2000 for the premium of insurance policy. The said cheque was returned unpaid with endorsement by the bank "not arranged for". Therefore, policy issued by respondent No.2 (in original petition)/ appellant/insurance company was cancelled on 11th January, 2000. After cancellation of the policy, the said fact was informed to respondent No.1/owner. Respondent No.1 has not taken any further steps. On the date of accident, offending travel bus was not insured with the appellant/insurance company. Therefore, insurance company is not liable to pay the amount of compensation.

(3.) After framing the issues, respondent Nos.1 and 2 adduced their respective evidence. Insurance Company examined the Manager Shri Thool in sister case in respect of same accident.