NATIONAL INSURANCE CO LTD Vs. ROSHAN GOVARDHAN LOKHANDE

JUDGEMENT

(1.) The present appeal is against the judgment of Motor Accident Claims Tribunal, Wardha in Claim Petition No. 169 of 2008 dated 22nd November, 2012.

(2.) The brief facts, which give rise to filing of the present appeal, are that, on 12th August, 2008, when the petitioner was proceeding on his bicycle, the offending truck bearing Registration No. MTG-9998 driven by its driver rashly and negligently, gave dash to bicycle. The petitioner sustained fracture to his right leg. He was admitted in Kasturba Hospital from 12.08.2008 to 29.08.2008. He has undergone operation and incurred medical expenses. A report was lodged. The truck driver was prosecuted by the police. The truck was owned by respondent No.1 and insured by respondent No.2 (in original petition).

(3.) Injured filed claim petition for grant of compensation. The appellant (original respondent No.2) appeared and filed Written Statement at Exh.14. Specific defence was raised by the appellant stating that the owner of vehicle namely Manohar Gilorkar, resident of Sant Tukdoji Ward, Hinganghat had issued Cheque No. 384105 dated 14th July, 2008 for Rs.14,378/- in favour of the appellant/Insurance Company towards insurance premium. The appellant had presented the said cheque. The said cheque was returned back on 24th July, 2008 with an endorsement "funds insufficient". Thereafter the appellant informed to the owner of truck namely Manohar Gilorkar by letter dated 05th August, 2008 about the dishonour of cheque and also informed that the policy in question is cancelled and the appellant is not liable for any risk in respect of vehicle covered thereunder. The owner was also informed that if he wants to take fresh insurance in that case the premium amount as required to be paid either in cash or by demand draft. The appellant also sent a registered letter in this regard by Registered Post A/D and copy thereof to the Assistant Regional Transport Officer (ARTO) at Wardha. ARTO, Wardha received registered letter. An outward entry of the said registered letter is maintained by the appellant in its despatch register.