AVTAR SINGH Vs. MANJIT KAUR

JUDGEMENT

(1.) A claim petition under section 110-A of the Motor Vehicles Act, 1939 was filed by Manjit Kaur widow of Harbail Singh (deceased), Jasbir Kaur, Sarbjit Kaur, Amandip Kaur, Kawal Deep Kaur, daughters of Harbail Singh and Bhupinder Singh, minor son of Harbail Singh, as well as by Basant Kaur, mother of deceased Harbail Singh, against Avtar Singh son of Hazura Singh, owner and driver of 3-wheeler with which the accident took place and Messrs National Insurance Company Limited, Jalandhar City.

(2.) AFTER going through the evidence on the file, the learned Motor Accident Claims Tribunal (hereinafter called the Tribunal) held that the accident took place due to rash and negligent act of driving on the part of Avtar Singh, respondent No. 1, and that Harbail Singh died in the accident due to the rash and negligent driving of the 3-wheeler No. PAQ/3146 by respondent Avtar Singh. He, thus, awarded suitable compensation to the claimants, However, he held Avtar Singh respondent No. 1 as liable to pay the amount of compensation and exonerated the Insurance Company from the liability.

(3.) RESPONDENT No. 2, that is, the Insurance Company had taken up specific plea that the 3-wheeler, i. e. Autorickshaw No. KKT 5079 was insured with the Insurance Company vide Exhibit R1, and it was in the ownership of Madan Singh, No intimation was received by the Insurance Company to the; effect that Madan Singh had sold the vehicle in question in favour of Avtar Singh. This is further fortified from the file as Avtar Singh respondent No. 1 had himself admitted in cross-examination that the Insurance Policy was in the name of Madan Singh of Jammu, which is Exhibit R1, and he had not written any letter to the Insurance Company for the transfer of the Policy in his name and he was not in possession of any other letter or any other Policy issued by respondent No. 1 in his favour. He also admitted to be correct that Exhibit R1 related to Autorickshaw No. KKT 5879 and he was in possession of a 3 wheeler No. PAQ/3146 (New Number) for the last three years. He further stated that he did not know if Madan Singh filed any affidavit before the District Transport Officer, Jalandhar about the transfer of the vehicle. In these circumstances, unless the Insurance Company is informed about the transfer or sale of the vehicle in question by the original owner in favour of the subsequent purchaser, no liability can be fastened on the Insurance Company.