AHALLYA BALA DAS Vs. SUBRATA ROY

JUDGEMENT

(1.) THE above mentioned. appeal have arisen out of the common judgment and order, dated 15.10.2001, passed by the learned Member, Motor Accident Claims Tribunal, West Tripura, Agartata, in Title Suit (MAC) No. 94/1998, preferred by claimant Smti Ahallya Bala Das. As both appeals involve the same facts and similar question of law, as agreed to by the learned Counsel, appearing for both the parties, the appeals aforesaid have been heard together and I propose to dispose of the appeals with this common judgment and order.

(2.) SHRI Surjya Mohan Das (since deceased) son of the claimant -appellant Smti Ahallya Bala, Das, died on 2.2.1992 at Manughat Bazar at Assam Agartala Road in a vehicular accident, involving a truck, bearing registration No. TRL 3438 (Truck). Accordingly police registered a case being Monu P.S. Case No. 1(2)/1992 under Section 279/338/304 -A IPC.

(3.) THE appellant, in C.O. (FA) No.7 /2002, is the owner of the offending vehicle and the respondent National Insurance Company was the insurer of the said vehicle. Though the owner did not contest the claim, the insurer i.e. the National Insurance Company Limited contested the claim, by filing a written statement as well as an additional written statement. The plea of the insurer was that the driving licence of the driver of the offending vehicle was a fake one and as such the vehicle, being allowed to be driven by a driver without having genuine licence, the insurer had no liability to indemnify the owner of the offending vehicle. The insurer further contended that the claim was made in collusion with the owner of the vehicle and as such the Insurance Company was not liable to pay the claim.