NATIONAL INSURANCE CO LTD Vs. JITA

JUDGEMENT

(1.) This appeal is directed against the award dated 5.3.2003, passed by learned Motor Accidents Claims Tribunal, Kullu, in Claim Petition No. 71 of 2001, titled as Jita v. Mohinder Pal.

(2.) At the time of hearing of this appeal, Mr. Ashwani Sharma, the learned counsel for the appellant, has made a twofold prayer. Firstly, according to him, vide cheque dated 7.6.2001 issued by the owner of the vehicle, i.e., Yogesh Kumar in favour of the appellant, bus bearing registration No. HP-34-5401 was insured. It was delivered to the Development Officer on 8.6.2001. 9.6.2001 and 10.6.2001 being holidays, it was received in the Branch on 11.6.2001. In usual course of business on 12.6.2001 this cheque was deposited with Punjab National Bank at Mandi for collection. And finally it was credited to the account of the appellant on 26.7.2001. Therefore, there was no subsisting and legal contract of insurance between the parties on the date of accident, which is 20.6.2001 in the instant case. The other ground urged by Mr. Sharma is that this is a clear cut case of contributory negligence as admittedly two buses had collided, one belonging to the private owners and the other to Himachal Road Transport Corporation. Therefore, on the quantum of compensation, he has urged that the compensation needs to be apportioned between his client and the Himachal Road Transport Corporation. Another fact referred to by Mr. Sharma was that after getting the vehicle insured aforesaid Yogesh kumar had sold the vehicle to Mohinder Pal, respondent No. 7 in this appeal.

(3.) Great emphasis was also laid by Mr. Sharma on the fact, that after issuing the cheque of premium, its drawer did not have enough money on the date of issuance or on the date of accident. As such, appellant cannot be held responsible for payment of the awarded compensation.