NATIONAL INSURANCE CO. LIMITED Vs. GUDDI BAI

JUDGEMENT

(1.) Appellant has filed this miscellaneous appeal under Sec. 173(1) of the Motor Vehicles Act, 1988 challenging award dtd. 21/11/2017 passed in Claim Case No.219/2014 by Eighteenth Additional Motor Accidents Claims Tribunal, Jabalpur (MP).

(2.) Brief facts of the case are that, an accident had occurred at about 12:20 pm on 2/12/2013 by vehicle i.e. Xylo Car bearing No.MP-20-CC/7823. Owner of the vehicle was Urmila Uikey and driver of said vehicle was Dhaniram. Vehicle was insured by appellant-Company by issuing policy in favour of owner namely Urmila Uikey. On fateful day, vehicle was driven rashly and negligently and it plunged into a pond which resulted in death of two persons by drowning.

(3.) Appellant has challenged the award on ground that Urmila Uikey owner of said vehicle had died on 8/10/2010. Insurance policy was brought on 19/5/2013 in name of a dead person. There cannot be any contract between as dead and living person and therefore, insurance policy is null and void and Claims Tribunal had committed an error in fixing liability on appellant/Insurance Company to indemnify the owner and pay to legal representatives of deceased.