ORIENTAL INSURANCE CO LTD Vs. SHEELA BAI

JUDGEMENT

(1.) This is an appeal by the appellant Oriental Insurance Co. Ltd. (hereinafter referred to as 'the insurance company') filed against the award dated 27.8.2003, passed by Fourth Additional Motor Accidents Claims Tribunal, Sagar in Claim Case No. 73 of 2002 whereby the Tribunal had awarded compensation of Rs. 3,87,000 payable to claimants. However, the insurance company disputed the same stating that the accident had occurred prior to the insurance policy becoming effective and hence, the Tribunal had erred in fastening the liability on the insurance company and awarding compensation of Rs. 3,87,000 to the claimants.

(2.) The brief facts of the case are that Rameshwar Prasad Tiwari died an accidental death on 2.5.1996 at 6 p.m. when he was riding the motor cycle driven by his friend Ramnarayan and it collided with the tractor bearing registration No. CIQ 2871 coming from opposite direction when they were going towards Sagar. The tractor was going from Banda to Sagar and was rashly and negligently driven by Bhawani Shankar Tiwari, respondent No. 4. Claimants claimed that deceased Rameshwar Prasad Tiwari was 50 years of age and was an Assistant Sub-Inspector earning Rs. 4,282 per month and on various grounds claimed compensation of Rs. 9,32,000.

(3.) The Tribunal on considering the evidence came to a conclusion that Bhawani Shankar Tiwari, respondent No. 4, the driver was negligent and had caused the accident. Sitaram, respondent No. 5, was owner of the vehicle. Whereas insurance company, non-applicant No. 3, had resisted the claim stating that since the accident had occurred on 2.5.1996, the tractor was insured with the insurance company only from 4.5.1996 to 3.5.1997 according to the insurance policy issued and hence insurance company was not liable for the same.