JUPITER GENERAL INSURANCE CO LTD Vs. GURSWARAN KAUR

JUDGEMENT

(1.) ON August 20, 1968, at about 10-30 A. M. a fatal accident took place on Madhya Marg Road near Lajpat Rai Bhavan, Sector 15, Chandigarh, between the scooter driven by Professor Balbir Singh (now deceased), when the same was proceeding towards Sector 17 and was on the left side of the road, and Truck No. PNJ-473 (hereinafter called the truck), belonging to Jaswant Singh and driven by Dalip Singh, respondents. A claim petition was filed by his widow, Gurswaran Kaur and two minor sons and a daughter against the owner and driver of the truck as well as the Jupiter General Insurance Co. Ltd. , Bombay (hereinafter called the insurer), stated to be the insurer of the truck. The claim petition was contested on behalf of all. It was held by the Motor Accidents Claims Tribunal, Union Territory, Chandigarh, vide judgment dated February 9, 1972, that the accident had taken place due to the negligence and rash driving by the driver of the truck. The claim petition was decreed and an award to the tune of Rs. 1,31,904 was passed in favour of the claimants and against the owner and the driver of the truck. It was further held that the insurer was liable to the extent of Rs. 20,000 in view of the conditions of the insurance policy. No appeal was filed by either the owner or the driver of the truck. However, the award to the extent of the liability of the insurer has been challenged on behalf of the insurer in the present appeal.

(2.) THE learned counsel for the appellant had challenged the finding of the Tribunal on issue No. 3, which was to the following effect :

(3.) THE case of the insurer-appellant is two-fold : (1) The truck with which the accident took place was not insured with the insurer. The truck which was insured, bore registration No. PNU-475 whereas the truck involved in the accident was bearing registration No'. PNU-473 ; and (2) One truck as belonging to Jaswant Singh, respondent, had been insured with the insurer one day after the accident, that is, on August 21, 1968. It was stressed that a perusal of the cover note, Ex. P-3, and the certificate of insurance, Ex. P-4, with the carbon copy of the cover note, Ex. R-2, and that of the certificate of insurance, Ex. R-1, produced by the insurer in evidence, leave no manner of doubt that the truck insured with the insurer was bearing registration No. PNU-475, but, subsequently, the figure ' 5 ' after the figures ' 47 ', was changed to ' 3 ' by someone on behalf of the owner of the truck and the insurer never insured the truck.