NATIONAL INSURANCE CO. LTD Vs. PURSHOTAMDAS MAHESHWARI

JUDGEMENT

(1.) THIS is an appeal under Section 110 -D of the Motor Vehicles Act, 1939, against the award of Rs. 5,000/ - as compensation in favour of the Respondent No. 1 and against the Appellant only on account of the death of a three years old son of the Respondent No. 1 who was crushed under a motor truck No. MPI 3346 which at the relevant time, i.e., on 4.8.1978 was being driven by Respondent No. 41 mratlal and owned by Respondent No. 2 Rameshwar Prasad Agarwal.

(2.) TRUCK MPI 3346 was being driven by Imratlal on 4.8.1978 when it ran over an infant Shyam, son of Respondent No. 1. The accident resulted in instantaneous death of the child. This truck originally belonged to Respondent Mohanlal Agarwal who on 20/21.7.1978 had transferred it to Respondent Rameshwar Prasad Agarwal. Prior to this transfer it was insured by Mohanlal Agarwal with the Appellant insurance company. Purshotamdas, therefore, claimed compensation for the death of his child against other three Respondents and sought to make liable the Appellant also being the insurer of the vehicle. All the Respondents denied their liability and the special plea raised by the Appellant was that the truck was transferred prior to the accident by its owner Mohanlal Agarwal without any permission or notice to the Appellant. It was, therefore, pleaded that the contract of insurance had come to an end and that there was breach of insurance policy exonerating the Appellant from any liability to indemnify. Before the Claims Tribunal specific issue was raised on this plea.

(3.) IN this appeal, Respondent Nos. 2, 3 and 4 not represented. This court, therefore, by order dated 28.10.1985 issued special notices to them of the date of hearing. In spite of it, they have not cared to appear nor has anyone else appeared on their behalf to represent them in this Court. Hearing, therefore, was completed in their absence.