PRAKASH Vs. AMRUTLAL JAISWAL

JUDGEMENT

(1.) THIS is an appeal by the claimant under Section 173 of the Motor Vehicles Act, 1988 from the award dated 20th August, 1994 passed by VIth Addl. Motor Accident Claims Tribunal, Indore in his Claim Case No. 64/91 awarding him compensation of Rs. 81,931/- against the respondents Nos. 1 and 2 and not against Insurance Company (respondent No. 3 ).

(2.) BRIEFLY stated facts as unfolded are that the claimant met with an accident, occurring on 22-4-1991 at 5. 30 p. m. on Nemawar Road, near Indore, by the truck bearing registration number MPM 3265 owned by the respondent No. 1 and driven by the respondent No. 2. The appellant fractured his right leg which had to be ultimately amputated. The vehicle was insured earlier with the New India Insurance Company Ltd. , upto 15-3-1991 but instead of obtaining a renewal, a fresh insurance was taken from the respondent No. 3 (the Oriental Insurance Company Ltd. ,) on 22nd April, 1991 which is the date of the accident. These facts along with the finding of the Tribunal that the accident occurred due to actionable negligence on the part of the driver of the vehicle are not disputed before us.

(3.) THE appellant claimed Rs. 5 lacs as compensation from all the respondents. The respondents Nos. 1 and 2 i. e. , the owner and the driver of the vehicle remained absent after service of summons and were, therefore, proceeded ex parte by the Tribunal. The respondent No. 3 i. e. , the insurer repudiated its liability on the ground that the policy had been taken at 9. 00 P. M. on 22-4-1991 i. e. , after the accident and, therefore, it had no liability to meet the demand. It was further alleged that the owner insurer had knowledge of the accident and this material fact was deliberately concealed by him at the time of taking fresh insurance and on this count also the Insurance Company was not liable to meet the claim. The Tribunal accepted the contention and rejected the claim against the insurer. It awarded Rs. 81,931/- only against the owner and the driver of the vehicle.