NEW INDIA ASSURANCE CO LTD Vs. LEELA DEVI

JUDGEMENT

(1.) Heard and gone through the record. An accident involving the truck No. HIB 406, which was initially owned by Rafiq Hussain, respondent No. 3, had taken place on 20.6.1995, in which one Sanjiv Kumar, son of respondent Leela Devi died. A petition under section 166 of the Motor Vehicles Act was filed by Leela Devi, the respondent. The previous owner Rafiq Hussain, owner of the vehicle at the time of occurrence of the accident, namely, Roshani Devi, respondent No. 4 and Raj Kumar, respondent No. 2, who was driving the truck at the relevant time were implead - ed as respondents. Besides, the appellant, i.e., New India Assurance Co. Ltd. was impleaded as respondent in its capacity as insurer. The insurer took the plea that the truck was not insured at the time of occurrence of the accident and hence, it was not liable to pay the compensation, which the Tribunal might award. Rafiq Hussain, respondent No. 3, took the plea that he had already transferred the vehicle to Roshani Devi and according to him the agreement had taken place in January 1995 and the vehicle was handed over to the transferee in April 1995. So he denied his liability to pay the compensation.

(2.) The Claims Tribunal, after recording the evidence of the parties, held that Leela Devi, the respondent No. 1, was entitled to compensation for the death of Sanjiv Kumar, her son, in the accident and ordered the insurance company to pay the entire amount of compensation, holding that the cover note had been issued for the insurance of the truck for a period of one year from 28.2.1995 onwards.

(3.) The present appeal has been filed by the insurance company challenging the findings of Tribunal that it (the appellant) is liable to pay the compensation of money.