ORIENTAL INSURANCE COMPANY LTD. Vs. NIHARIKA MOHAPATRA

JUDGEMENT

(1.) A common Award passed on 4th June, 1997 by the 2nd Motor Accident Claims Tribunal, Cuttack in Misc.Case Nos.467, 468, 469, 470 and 471 of 1990 is assailed in the aforesaid three Miscellaneous Appeals and the two Writ applications by the Oriental Insurance Company.

(2.) THE aforesaid five Misc.Cases claiming compensation had been filed by five different claimants with the averments that on 17.1.1990 they were travelling in a bus bearing registration number OSU 3419 as passengers when the said bus at about 8.30 a.m. capsized due to rash and negligent driving of the driver. As a consequence thereof all the claimants sustained grievous injuries all over their body including fracture injuries. After receiving notice the owner of the aforesaid bus did not contest the claim cases and was set ex parte. The Oriental Insurance Company contested the case and filed its written statements.

(3.) THE Insurance Company assails the aforesaid Award mainly on the ground that the insurance policy of the offending bus was issued at 2.45 p.m. while it met with the accident at 8.30 a.m. Thus the policy having been issued after the accident, it is not liable to pay any compensation.