NEW INDIA ASSURANCE CO LTD Vs. MAYA DAS

JUDGEMENT

(1.) This appeal is directed against the judgment and award dated 28.11.1994 passed by the learned Judge, Motor Accidents Claims Tribunal, 1st court, Suri in the district of Birbhum.

(2.) On 12.1.92 around 12 noon the victim Bapi Das aged about 11 years met with an accident while crossing the road near Ishgara village, P.S. Khoyrasole, Birbhum. He was run over by a truck bearing registration No. WGD 1610. The victim died at the spot. Khoyrasole P.S. Case No. 2 of 1992 dated 12.1.1992 was started against the driver of the truck. On completion of investigation a charge-sheet was submitted against the accused driver under Sections 279/304-A of the Indian Penal Code.

(3.) The opposite party owner did not contest the claim petition but New India Assurance Co. Ltd. contested the claim filing a written objection alleging, inter alia, that the truck causing the accident was not covered by any policy of insurance on the date of the accident.