NEW INDIA ASSURANCE CO LTD Vs. BHABEN THAKURIA

JUDGEMENT

(1.) THIS is an appeal under Section 173 of the Motor Vehicles Act, 1988 by the M/s. New India Assurance Co. Ltd. against the judgment and award dated 23.12.2004 passed by the Member, Motor Accident Claims Tribunal, Barpeta in MAC Case No. 173(B) of 1994. The findings as returned by the Tribunal as regards the accident that occurred on 15.03.1994 for rash and negligent driving of the vehicle bearing registration No. ASZ -6423(bus) and death of one Nishinta Thakuria, son of the claimant in the said accident are not in dispute by either of the parties or in the appeal. As such those findings stand affirmed requiring no further appraisal.

(2.) THE questions those have been raised in the appeal may be encapsulate as:

(3.) ON the other hand Mr. C. Choudhury, learned counsel appearing for the claimant -respondent submitted that since the payment was made on 12.03.1994 by the demand draft the policy has to commence from the said date.