ORIENTAL INSURANCE COMPANY LTD Vs. SARASWATI & ORS

JUDGEMENT

(1.) This L.P.A. alongwith cross objection arises out of the award passed by the Motor Accident Claims Tribunal in an accident which took place on 5.4.1982 as a result of which Kachrya died. Saraswatibai, mother on Kachrya filed claim petition before the Tribunal which granted compensation of Rs. 30,000.00 to Saraswatibai, mother of deceased Kachrya.

(2.) Aggrieved by the award, the appellant filed misc. appeal before the learned Single Judge who dismissed the appeal on the ground that a technical objection was taken by the Insurance Company that at the time of accident, the vehicle was not insured in the name of Santkumar, but it was insured in the name of Desha Singh. Desha Singh had died long back and the policy had not been transferred in the name of Santkumar. However, the documents, Exhibits D-l, D-2 and D-4 have been produced to show that the Agent was collecting premium, though proper transfer of the policy had not been effected in the name of Santkumar. Learned Single Judge took the view that it was a technical objection and dismissed the appeal. Hence this L.P.A. has been preferred by the appellant before us against the order of the learned Single Judge.

(3.) We have gone through the award passed by the Claims Tribunal as well as the order passed by the learned Single Judge. It is true that the policy was not transferred properly in the name of Santkumar, but the fact remains that premium was accepted by the Agent of the Company and virtually the Company had accepted Santkumar as the owner of the vehicle, as the amount of premium was accepted by the Agent who was not produced, because he had gone abroad. Therefore, the statement of Santkumar on oath cannot be disbelieved. We are of the opinion that in the facts and circumstances of the case, the view taken by the learned Single Judge is justified.