LALIYA BAI Vs. RAMESH

JUDGEMENT

(1.) THIS is an appeal under Section 110-D of the Motor Vehicles Act, 1939, by the claimant.

(2.) THE appellant filed a petition claiming compensation of Rs. 40,000/- against the respondents on the allegation that her husband, deceased Galju, died on 18. 10. 1981 while he was going on a cycle on account of a violent dash given by truck No. MPJ 7314 driven by respondent Hajari and owned by Mohanlal Rajput, since deceased now represented by the respondent Nos. 1 to 5 in this appeal. The vehicle was insured in the name of Mohanlal with the insurance company, respondent No. 6. It was, therefore, prayed that the compensation be awarded jointly and severally against the driver, owner and the insurance company. The owner and the driver filed a joint written statement opposing the claim. They further submitted that on 12. 1. 1977, they had transferred the truck to Narendra Taneja and also handed over possession to him. Therefore, they are not liable to pay any compensation. While describing Mohanlal as late Mohanlal, they did not specifically deny Mohanlal's death around June, 1978. The insurance company filed written statement opposing the claim. By amendment, it was pleaded that Mohanlal Rajput died on 21. 6. 1978. He could not obtain the insurance policy. The cover note has been obtained by misrepresentation and is void and ineffective. Therefore, the insurance company cannot be held liable since there was no contract subsisting between the deceased Mohanlal and the insurance company.

(3.) AFTER recording evidence of the parties, the Tribunal awarded compensation of Rs. 20,500/against the driver Hajari alone and declined to pass award against the respondents. Hence this appeal.