UNITED INDIA INSURANCE CO. LTD Vs. KRISHNA DEVI

JUDGEMENT

(1.) THE order passed in this appeal will also govern the disposal of Misc. (First) Appeal No. 78 of 1982 (Paramsingh v. Krishna Devi and Ors.) as they arise out of a common award dated 27th November, 1981, passed by the Motor Accidents Claims Tribunal, Raisen (hereinafter referred to as 'the Tribunal') in M.C.C. No. 4 of 1979. Misc. (First) Appeal No. 88 of 1982 has been preferred by the insurance company with which the truck involved in the accident was insured and the other Misc. (First) Appeal No. 78 of 1982 has been preferred by Paramsingh, who is the owner of the truck.

(2.) THE facts leading to these two appeals may be briefly stated thus : The deceased Satgurusharan was posted as Head Constable in the Police Station Obedullaganj. On 7-1-1969 at about 7.00 a.m. while he was going on his bicycle from his residence to the police station to participate in the parade and had reached in front of telephone exchange office, the truck No. MHG 2687 owned by Paramsingh and driven by Swarupsingh came from behind and crushed the deceased Satgurusharan which resulted in his instantaneous death on the spot.

(3.) THE owner of the truck Paramsingh, non-applicant No. 1, who is appellant in M.A. No. 78 of 1982, admitted the ownership of the truck involved in the accident but contested the claim petition by contending that non-applicant No. 2 Swarupsingh (respondent No. 7 in M.A. No. 78 of 1982 and respondent No. 8 in M.A. No. 88 of 1982) was not employed with him as driver of truck nor he was driving the truck at the relevant time. He took the plea that one Chhotelal was his driver in the said truck and that truck was insured with non-applicant No. 3, United India Insurance Co. He also pleaded that in Criminal Case No. 10 of 1969, decided by the Magistrate First Class, Goharganj, he and Swarupsingh, were acquitted of the charge of rash and negligent driving. Swarupsingh, the alleged driver of the truck also took the same defence. He pleaded that he was not driving the truck on the alleged date. The appellant insurance company as non-applicant No. 3 denied the claim petition by filing a separate written statement. The insurance company took the plea that the truck belonged to Paramsingh which was insured with it only upto 28th May, 1968 and hence the insurance company was not liable as the accident took place after the period covered by the policy.