INSURANCE CO. LTD Vs. PRABHAKAR DOBDHE & THREE

JUDGEMENT

(1.) This appeal is directed against the award dated 21.08.1998 passed by Third Additional Motor Accident Claims Tribunal, Drug in Claim Case No. 100 of 1997. Claimants are legal heirs of Hemant Kumar who died in accident on 23.08.1988 when his Vespa Scooter bearing registration No. MIS 3440 along with wile and daughter going towards Bhilai was hit by Truck No. CPS 8539. This accident occurred as a result of rash and negligent driving of the truck, as per claimants. It was owned and driven by Tarachand and insured with the Appellant. Claim for Rs. 2,65,000.00 was made and the Tribunal found the allegation sustainable despite being contrary to stand taken by the Appellant in this case. Precisely the defence taken by the Insurance Company is that on the date of accident, vehicle had been transferred in the name of Krishna Ram Sahu, therefore, it was not liable to pay compensation. This apart, another defence is that the driver did not possess valid driving licence at the time of accident. The Tribunal rejected the defences and held the Insurance Company liable to pay the compensation. The Appellant is not satisfied with the award, hence this appeal. We have heard learned Counsel for parties and perused the record. The defence of the Appellant that it is not liable to pay compensation since the truck was sold without information to it and the policy ceased to exist on transfer of vehicle, can not be sustained in view of Full Bench decision of this Court in M.A. No. 462 of 1997 (National Insurance Company Limited v. Kansram) and other connected matters, dated 14.10.1999 arrived at following the decision of Apex court in the case of Complete Insulations (P) Limited v. New India Assurance Company Limited ( : 1996 1 S.C.C. 221) and G. Govindan v. New India Assurance Company Limited ( : 1999 3 S.C.C. 754). Therefore, the objection of the Appellant is rejected. No other point arises for consideration in this appeal for determination. Accordingly, the appeal fails and is dismissed.