LAWS(ORI)-2002-11-26

NEW INDIA ASSURANCE CO LTD Vs. SIBA PARIDA

Decided On November 20, 2002
NEW INDIA ASSURANCE CO LTD Appellant
V/S
Siba Parida Respondents

JUDGEMENT

(1.) THIS Letter Patent Appeal filed by the Insurance Company is directed against the order dated 28.8.1998 in Misc. Appeal No. 589 of 1991 by which the learned Single Judge has allowed the claimant -respondents 1 to 3's appeal for enhancement of compensation.

(2.) THE claimants -respondents 1 to 3 filed Misc. Case No. 436 of 1987 before the Second Motor Accident Claims Tribunal claiming compensation for the death of Kalindi Parida who died in a motor accident on 31.7.1987. The Tribunal by order dated 13.8.1991 granted compensation of Rs. 60,000/ - only in their favour. Contending that the said compensation is inadequate, they preferred appeal before this Court in Misc. Appeal No. 589 of 1991. A learned Single Judge in the order under appeal has enhanced the compensation.,

(3.) THE accident took place on 31.7.1987. The Tribunal has noted in the first sentence of paragraph -5 of its. order that the accident took place on 31.7.1987 at about 12.30. p.m. The contention of appellant is that as per the photocopy of the cover note Ext. C, the period of insurance of the offending vehicle was from 1.30 a.m. of 31.7.1987 to 30.7.1988 and the accident having taken place prior to 10.30. a.m., the Insurance Policy does not cover the case and, therefore, it is not liable to pay any compensation. The Tribunal, as already indicated, has held that the accident took place on 31.7.1987 at about 12.30 p.m. In view of the aforesaid finding recorded by the Tribunal which was not challenged before the learned Single Judge nor before us, the plea of the appellant that the policy does not cover the period of accident is not acceptable, as according to its own case, the period of insurance is from 10.30 a.m. of 31.7.1987 to 30.7.1988. This being the finding of fact recorded by the Tribunal, the plea taken by the appellant before the learned Single Judge ought to have been rejected.