NEW INDIA ASSURANCE COMPANY Vs. LALLU

JUDGEMENT

(1.) ARGUMENTS heard on the Misc. Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the order dated 30.1.1995 in Claim Case No. 48/1994 passed by learned VIth Additional Member of Motor Accident Claims Tribunal, Ujjain, wherein the appellant was ordered to pay the amount of Rs. 25,000/- as in interim compensation to the respondent No. 1-claimant.

(2.) THE case of the claimant is that on 29.12.1993 when the minor daughter of the claimant Kumari Poonam was going on the road near the Roadways Depot, the non-applicant No. 1 while driving the Tempo No. MPU-6026 rashly and negligently, hit her resulting in her accidental death on the spot. That the non-applicant No. 2 was the owner and non-applicant No. 3 was the insurer of the offending Tempo.

(3.) THE claimant has filed the copy of the FIR and also the post-mortem report from which it is clear that on account of the rash and negligent driving of the Tempo, the minor daughter of the claimant has succumbed to her injuries. It is not in dispute that at the time of the accident, the vehicle was insured. The defence of the Insurance Company is that the fact of the accident was not disclosed to the company and the insurance policy was obtained by the owner fraudulently and as such the Insurance Company is not liable to pay the amount.