NATIONAL INSURANCE CO LTD Vs. BENU CHANDRA DEB

JUDGEMENT

(1.) By the aforesaid Civil Revision No. 64 of 1999, the petitioner challenged the order dated 3.7.1999 passed by the learned Member, Motor Accidents Claims Tribunal, Court No. 2, West Tripura, Agartala in Civil Misc. (Review) No. 107 of 1999 arising out of Title Suit (MAC) No. 357 of 1996 and by Civil Revision No. 65 of 1999, the petitioner challenged the order dated 3.7.1999 passed by the learned Member, Motor Accidents Claims Tribunal, Court No. 2, West Tripura, Agartala in Civil Misc. (Review) No. 103 of 1999 arising out of Title Suit (MAC) No. 365 of 1996.

(2.) The claimants-respondents filed the claim petitions, one in Title Suit (MAC) No. 356 of 1996 and another in Title Suit (MAC) No. 357 of 1996 contending, inter alia, that on 7.8.1996 due to the head-on collision between two vehicles bearing No. TRS 909 (bus) and TRT 2543 Geep) an accident happened and the claimants-respondents of the aforesaid cases sustained injuries. The learned Tribunal caused an inquiry and awarded compensation of Rs. 30,000 in TS (MAC) No. 357 of 1996 and Rs. 35,000 in TS (MAC) No. 356 of 1996 with 12 per cent interest per annum with effect from 27.8.1996 holding both the vehicles are guilty and the liability of payment of 50 per cent of the awarded amount has been fastened to the petitioner National Insurance Co. Ltd. on the ground that the vehicle No. TRT 2543 (jeep) was insured with the petitioner insurance company at the relevant time. The petitioner insurance company took the plea that the vehicle TRT 2543 (jeep) was not insured with it at the relevant time.

(3.) After the award was made, the petitioner made petitions seeking for review/ recall of the orders passed by the learned Tribunal imposing 50 per cent liability upon the petitioner and the review petitions were registered vide No. Civil Misc (Review) 103 of 1999 and Civil Misc. (Review) 107 of 1999. The petitioner submitted the copies of the two insurance policies showing that on the relevant date there was no valid insurance policy and as such the petitioner sought for review of the orders passed by the learned Tribunal.