NATIONAL INSURANCE CO LTD Vs. TAARABAI

JUDGEMENT

(1.) Insurance company has felt aggrieved by two orders passed by the learned Member of Tribunal and has accordingly questioned their legality by filing this one appeal under section 173 of Motor Vehicles Act. The impugned orders are dated 4.8.1997 and 3.9.1997, passed by 2nd M.A.C.T., Indore, in Claim Case No. 5 of 1997. In order to appreciate the entire factual controversy involved in the appeal, it is necessary to state the relevant facts.

(2.) Respondent No. 1 is the claimant. She is widow of one Dinesh Joshi who died in an accident that occurred on 14.10.1995 while driving truck bearing No. MP 09-D 7479 near Korba. The respondent No. 1, widow, then on 8.4.1996 made an application under section 166 of Motor Vehicles Act before 2nd M.A.C.T., Indore, out of which this appeal arises claiming compensation for the death of her husband. The owner of truck as also the insurance company, appellant herein were arrayed as non-applicants. The respondent No. 1, i.e., claimant also made an application under section 140 ibid for claiming the interim compensation on the principle of no fault liability.

(3.) The insurance company alone contested the application by filing reply to main application as also reply to interim application. The claim was denied on several grounds, such as truck in question was not insured with them, that accident was not due to any negligence on the part of owner, that driver had no valid licence, etc. As stated above, other non-applicants remained ex parte.