ORIENTAL INSURANCE COMPANY LTD Vs. RADHA DEVI

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 29th November, 1996 and award dated 12th December, 1996 passed by Sri Kamla Prasad, 1st Additional District Judge -cum -Motor Vehicles Accident Claims Tribunal, Purnea, in Claim Case No. 13 of 1993.

(2.) THE relevant facts are that the son of claimant Radha Devi (respondent no.2) died in a Motor accident which occurred on 21st October, 1991 by vehicle No. BHK 4808. The concerned vehicle was admittedly insured with the appellant. However, on the date of occurrence, the ownership of the vehicle in question was transferred to O.P. No. 2 of this appeal, namely, Rahul Kumar Verma.

(3.) IT was submitted by the appellants lawyer that on the date of accident, the vehicle in question stood registered under the ownership of one Kapildeo Singh and his insurance policy was valid from 1st December, 1990. to 20th November, 1991, but this owner was not made a party to the case. The Tribunal awarded compensation to the tune of Rs. 1,10,000, and by reducing this amount by Rs. 25,000/ - which was the amount of interim compensation Rs. 85,000/ - was directed to be paid by the Insurance Company with interest @ 12 per cent.