SANAULLHA AND OTHERS Vs. JAYANTA NAYEK AND OTHERS

JUDGEMENT

(1.) This appeal filed by the appellant-claimants is against a Judgment and Award dated 22nd September, 1997 passed by the Motor Accident Claims Tribunal (Special Court) at Burdwan in Motor Accident Claim Case No. 10 of 1996/53 of 1996 being an application filed by the appellants-claimants for compensation under Section 163A of the Motor Vehicles Act, 1988 on account of the death of one Abdul Mannan in an accident in course of use of the trucks bearing Registration Nos. WB-39/0400 and WGA-7201. The first one was owned by one Jayanta Nayek impleaded as respondent No.1 and the second (WGA-7201) owned by one Ramnath Singh impleaded as respondent No.2.

(2.) The truck bearing registration No. WGA-7201 owned by the respondent No.2, was covered by a policy of insurance being Policy No. 3151250 114018/008 issued by New India Assurance Co. Ltd. (hereinafter referred to as the "respondent-insurer" ). In paragraph 9 of the written statement filed on behalf of the insurer, the insurer admitted that the interest of the respondent No.2, Sri Ram Nath Singh in vehicle No. WGA-7201 (Truck), was covered at the material point of time under a valid policy of insurance issued by the respondent-insurer.

(3.) The learned Tribunal on consideration of evidence arrived at the factual finding that the accident was caused as a result of collision between vehicle No. WGA-7201 admittedly covered by a policy of insurance issued by the respondent-insurer and the vehicle No. WB-39/0400.