NATIONAL INSURANCE COMPANY LIMITED Vs. DHANJIT KALITA

JUDGEMENT

(1.) Heard Ms. R.D Mozumdar, learned counsel for the appellant. Also heard Mr. H. Das, learned counsel for the respondent No. 1. Mr. J. Pawe appears for the respondent Nos 2 & 3.

(2.) The brief facts of the case is that on 16.05.2012, the father of the respondent No. 1/claimant was knocked down from behind, by a mini-bus bearing Registration No. AS-01/Y-0255. The deceased died due to his injuries on 01.06.2012. The deceased left behind his wife, son Dhanjt Kalita, the (respondent No. 1/claimant) and his other son, namely Gunajit Kalita.

(3.) The respondent No. 1/claimant Shri. Dhanjit Kalita filed a claim petition under Section 166 of the M.V Act, 1988. It may be noted here that at the time of the accident, the insurance policy covering the mini-bus was valid. However, as the cheque of the owner of the mini-bus had bounced, the appellant/Insurance Company sent the owner of the mini-bus a Letter dated 04.01.2012 stating that the insurance policy stood terminated from its very inception. As such, on the date of the accident, i.e., on 16.05.2012, the mini-bus was not insured, as the insurance policy stood terminated.