RITA DAS Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) This appeal, under Section 173 of Motor Vehicles Act,1988 is directed against judgment and nil award, dated 22- 04-2002, passed by learned Single Member(Motor Accident Claims Tribunal) South Tripura, Udaipur, in Case No. T.S.(MAC) 13 of 2001 under Section 166 of M.V. Act.

(2.) The material facts, relevant for disposal of thi 222 s appeal, may be briefly noticed thus:

(3.) Respondent No.1, the Oriental Insurance Company 333 Ltd. contested the suit by filing written statement denying the statements made in the claim petition and further stated that the responsibility of the insurance company shall not arise to indemnify any liability of respondent No.2, the owner of the vehicle, unless the original valid insurance policy covering the risk on the date of accident and other documents of the vehicle including valid driving license of the driver, produced and proved by the owner of the vehicle. By a separate written statement, the insurance company also prayed for allowing them to take all defence if the owner of the vehicle fails to contest the case.