ORIENTAL INSURANCE CO LTD Vs. AYODHYABAI

JUDGEMENT

(1.) Appellant insurance company has filed this appeal under section 173 of the Motor Vehicles Act, 1988 against the award dated 24.12.1996 passed by the M.A.C.T., Shajapur in Claim Case No. 24 of 1995 on the ground that the award is nullity inasmuch as same was made without bringing L.Rs. of respondent No. 2 Mangalsingh on record, who died during the pendency of claim petition and also on the ground that the cover note on which vehicle has been shown as insured is a forged and fabricated one and no such cover note was ever issued in the name of owner of the truck No. MP 06-2252.

(2.) The facts of the case in brief for the disposal of this appeal are that Ayodhyabai, respondent No. 1, on 4.4.1994 filed a claim petition under sections 166 and 140 of the Motor Vehicles Act on the ground that on 4.2.1994 at about 4 p.m. deceased Kaluram Rathore, husband of the claimant was coming to his village Chonsala Nikamb, Tehsil and Dist. Shajapur from Panwadi Hat Bazar. He was standing on A.B. Road near Abhaypur passenger bus stop, one truck No. MP 06-2252 came from Sarangpur side, which was being driven by Ramprakash s/o Balaram, respondent No. 3, rashly and negligently and without horn, hit the deceased Kaluram. Deceased Kaluram came under the wheels of the truck and as a result of this accident his head and legs were ruptured and he died on spot. The matter was reported to the Police Station, Shajapur and Crime No. 62 of 1994 was registered.

(3.) The wife of deceased Kaluram filed claim petition for compensation submitting therein that Kaluram was aged about 42 years enjoying very good health and was earning Rs. 75,000 per year from agriculture. It was further alleged in the application that aforesaid truck was insured with the respondent No. 3 insurance company and the cover note number is 886612. Appellant insurance company filed written statement before the trial court and denied this fact that the aforesaid truck was insured with the insurance company. It was further pleaded in the written statement that the driver was not having a valid and effective driving licence. The trial court recorded the evidence of the claimant. The respondent company stated on 20.12.1996 before the Tribunal that they do not want to lead any evidence and the Claims Tribunal awarded a compensation of Rs. 79,000 with 12 per cent interest from the date of filing of application against which the insurance company has filed this appeal challenging the award on the aforesaid grounds.