NATIONAL INSURANCE COMPANY LTD Vs. SURAJMAN GURUNG

JUDGEMENT

(1.) THESE two appeals were heard together as those arise out of the same accident. By filing F. M. A. No. 2486 of the 2004, the insurance Company has challenged an award dated 9th April, 2003 passed by the learned Judge, Motor Accident Claims Tribunal, First Court, Jalpaiguri in M. A. C. Case No. 125 of 1998 thereby awarding a sum of Rs. 80,000/- to the claimant after deduction of any amount if received under Section 140 of the act. In F. M. A. No. 2487 of 2004, the Insurance Company has challenged an earlier order dated 6th October, 2001 passed by the Motor Accident Claims tribunal, Jalpaiguri, in M. A. C. Case No. 124 of 1998 by which an application under Section 140 of the Act arising out of the same accident was disposed of by directing the Insurance Company to pay Rs. 50,000/- to the claimant No. 2, the mother of the victim.

(2.) BEING dissatisfied, the Insurance Company has preferred these two appeals under Section 173 of the Act.

(3.) A short question arises for determination in these two appeals preferred by the Insurance Company. It is an admitted position that a two-year-old child died of an accident. The only point raised by the Insurance company in these appeals is that the vehicle was not covered by the insurance at the time of accident. There is no dispute that the accident occurred on 18th february, 1998 at 1:30 p. m. whereas the offending vehicle was insured for the first time under the Insurance Company, the appellant before us, on the selfsame day. According to the Insurance Company, the proposal for insurance and the premium was tendered to the Company at 2:00 p. m. on the date of accident and as such, it had no liability in the matter of payment of compensation for any accident occurred prior to 2:00 p. m. on 18th February, 1998.