NATIONAL INSURANCE CO LTD Vs. MEENA SHARMA

JUDGEMENT

(1.) THIS appeal by the insurance company has been preferred under Section 110-D of the Motor Vehicles Act, 1939, against the award of the Motor Accidents Claims Tribunal, Guna, passed on 4. 2. 1989, awarding a total sum of Rs. 1,89,000/- in favour of the claimants of deceased Pradeep Kumar, aged 25 years, who died in an accident on 17. 12. 1985.

(2.) THE learned counsel appearing for the insurance company made an attempt to assail the award, firstly, on the ground that the vehicle involved had been transferred to Devilal alias Munnalal Tyrewala, respondent No. 5 and, secondly, the insurance policy was issued in favour of respondent No. 6, the original owner. It is contended that since the transfer was made of the vehicle without intimation to the insurance company its liability under the policy ceases. Attempt was made also to assail the award on quantum.

(3.) A Division Bench of this court to which one of us (Tej Shankar, J.) was a party, in United India Insurance Co. Ltd. v. Pratibha Rathi 1995 ACJ 819 (MP), it has been held that the limited defences open to the insurance company under Section 96 (2) of the Motor Vehicles Act, 1939, would also be attracted in an appeal preferred against the award. The appeal on the question of quantum by the insurance company cannot, therefore, be heard.