NEW INDIA ASSURANCE CO LTD Vs. HARADHAN PANDA

JUDGEMENT

(1.) INSURER is the appellant under Section 110 -D of the Motor Vehicles Act, 1939 (hereinafter referred to as 'the Act').

(2.) SON of the respondent Nos. 1 and 2 sustained fatal injury on 9.2.1986 being involved in an accident caused by a motor vehicle bearing No. ORB 5547 which is a Trekker. They along with other two filed an application for compensation under Section 110 -A of the Act. In the application claimants stated that deceased along with others were passengers in the Trekker when it met with the accident on account of negligent driving.

(3.) INSURER disowned its liability on assertion of the claimants that deceased was a passenger of a Trekker alleging that the term of the policy does not cover such risk. It claimed that in its office no document was available, in spite of best of search, to indicate that the owner was insured in respect of the vehicle.