NEW INDIA ASSURANCE CO LTD Vs. PHOOLAN BAI

JUDGEMENT

(1.) These misc. appeals arise out of common award dated 29.11.99 in Claim Case Nos. 1, 2, 3 and 4 of 1995 and Claim Case No. 65 of 1996; by First Additional Motor Accidents Claims Tribunal, Betul. In all the aforesaid appeals, preferred by the insurer-appellant, the claimants-respondents have filed cross-objections under Order 41, rule 22 of the Code of Civil Procedure, 1908, claiming enhancement of the awarded amount. Particulars of the misc. appeals and cross- objections are as below: <FRM>JUDGEMENT_1691_ACJ_2002Html1.htm</FRM> It may be noted that Claim Case No. 1 of 1995 relating to M.A. No. 438 of 2000 was filed by the legal representatives of deceased Vishram. Claim Case No. 2 of 1995 relating to M.A. No. 436 of 2000 has been preferred by the legal representatives of deceased Sahu. Claim Case No. 3 of 1995 relating to M.A. No. 440 of 2000 has been filed by the injured Savita. Claim Case No. 4 of 1995 relating to M.A. No. 437 of 2000 was preferred by Dulahare for his injuries, while Claim Case No. 65 of 1996 relating to M.A. No. 439 of 2000 has been preferred by the injured Shewari. All the aforesaid misc. appeals and the cross-objections, are being disposed of by this common order.

(2.) The said claim cases were filed by the claimants alleging that on 17.11.1994 truck No. CPB 7945 met with an accident on Baretha-Ghoda Tanker Road near the village Deshawadi. Claimants are either the legal representatives of the deceased or the injured, who were travelling by the said truck, which was driven by driver Vinod.

(3.) It was further stated that the said truck was initially under the ownership of the General Manager, Western Coalfields Limited, Pathakheda and was purchased in an auction by respondent No. 2 Radhe-shyam. However, in the registration certificate, name of Radheshyam, respondent, was not entered by the Regional Transport Officer. However, the insurance of the vehicle with the respondent No. 3 was made in the name of Western Coalfields Limited, Pathakheda through respondent Radheshyam. The said vehicle was subsequently purchased by respondent Santosh Tanwar on 29.4.1993 and the insurer/appellant, New India Assurance Co. Ltd., thereafter insured the vehicle for the period from 18.11.1993 to 17.11.1994 treating Santosh Tanwar as the insured. A cover note to that effect was also issued, though the policy document was not issued.