NATIONAL INSURANCE CO. LTD. Vs. RAJ KUMAR

JUDGEMENT

(1.) THE present appeal has been filed by the Insurance Company, challenging the impugned Award dated 1.4.1992, passed by the learned Motor Accident Claims Tribunal, Yamuna Nagar at Jagadhri (for short 'the Tribunal'), vide which a sum of Rs. 1,27,500/ - has been awarded to the claimant -respondent Nos. 1 to 3, on account of the death of Singh Ram in a motor vehicular accident. Learned counsel for the appellant submits that the amount allegedly received by Manjit Singh agent of the Insurance Company with regard to the insurance of the offending vehicle, was not deposited with the company, thus, the Insurance policy was not valid at the time of accident. Therefore, the Insurance Company is not liable to pay the compensation.

(2.) ON the other hand, learned counsel appearing for respondent Nos. 1 to 3 submits that the learned Tribunal has rightly held the Insurance Company liable alongwith the driver and owner of the offending vehicle to pay the compensation, as the vehicle was insured at the time of accident. He prays for the dismissal of the appeal.

(3.) THE death of Singh Ram due to the injuries in the accident is not in dispute. The signatures of Manjit Singh RW 4 are proved on cover note Ex. R1 with regard to the insurance of the offending vehicle. Manjit Singh was the authorised commission agent of the Insurance Company and he issued Ex. R1 against the premium received by him for the offending vehicle. If it is believed that Manjit Singh was not their agent, then from where he procured the alleged cover note, issued to the owner of the offending vehicle. The company provides these cover notes only to their authorised representatives and not to the other person. There is nothing on record to show that this cover note was ever lost or was given to any other authorised agent. It is proved on record that premium of Rs. 186/ - was paid to Manjit Singh, who issued the cover note Ex. R1, in favour of the owner of the offending vehicle. In view of the above, this Court finds no merit in the present appeal. Accordingly, the instant appeal is dismissed.