SUDHAKAR PEDNEKAR Vs. EMILIANA DE SILVA BRITTO

JUDGEMENT

(1.) AT the hearing of this appeal against the order dated December 11, 1986, passed by the learned Presiding Officer of the Motor Accidents Claims Tribunal, Mr. Mulgaokar, learned counsel appearing for the fifth respondent-insurance company, stated that the insurance company will deposit in the Claims Tribunal the amount of Rs. 15,000 under section 92a of the Motor vehicles Act, 1939, within three weeks from today reserving, however, its right to agitate the question that there is no liability on its part under the insurance policy.

(2.) IN view of the above statement made by Mr. Mulgaokar, Mr. Kakodkar, appearing on behalf of the appellant, stated that the present appeal may be disposed of bearing in mind the aforesaid concession on behalf of the insurance company and accordingly, the impugned order be set aside.

(3.) BY the impugned order, learned Presiding Officer of the Claims Tribunal had held that there was no liability of the insurance company as the payment of the premium had been effected on march 17 1986, and, therefore, the vehicle involved in the accident was insured only from that date. The accident took place on March 13, and, therefore, when the insurance policy was not in existence. Accordingly, he ordered that the payment of the sum of Rs. 15,000 under section 92a of the Motor Vehicles Act be made only by the present appellant in his capacity as owner of the vehicle.