NATIONAL INSURANCE CO LTD Vs. CHHYA LOKHENA

JUDGEMENT

(1.) THE present appeals have been preferred by insurance company against the awards passed by the Motor accidents Claims Tribunal (Fast Track Court), jabalpur (for short, 'the Tribunal')in respect of Claim Case Nos. 179, 181 and 182 of 2002 which were filed in respect of the accident occurred on 28. 4. 1998 by the truck No. MP 21-6843.

(2.) IN the aforesaid cases the claim has been allowed by the Tribunal and the liability has been fastened on the insurance company, i. e. , the appellant herein. The learned counsel for the appellant has made a singular submission assailing the finding arrived at by the Tribunal with regard to the issue No. 4 which has been dealt with by the Tribunal in paras 23 to 34 of its award. It was contended before the Tribunal by the present appellant insurer that there had been no insurance of the truck on the date when the accident has occurred.

(3.) THE facts that are essential to be stated are that the original owner of the truck was one Pushpendra Singh. The aforesaid truck was purchased by Ashish Mittal in the month of January 1998. The validity of the old policy was for the period from 13. 3. 1997 to 12. 3. 1998. The policy has been brought on record as Exh. D7.