SARWAN KUMAR RAI Vs. BHUNESHWAR MANDAL

JUDGEMENT

(1.) BOTH these appeals are directed against the judgment dated 18.2.1999 and 12.2.1999 passed in Motor Vehicle Accident Claim Tribunal Case No. 23 and 34 of 1994 respectively by 4th Additional District Judge -cum Motor Vehicle Accident Claim Tribunal, Purnia, whereby the claim of the claimants has been allowed in part on contest with cost against the owner of the vehicle (appellant herein).

(2.) IT appears that the appellant appeared in the claim case and filed written statement. He produced a cover note of the insurance certificate of the vehicle in question bearing No. B.R. 39 -2368, however, registration number was not mentioned in the insurance certificate and the certificate only contains engine number and chassis number. The appellant -owner in the petition filed before the Tribunal stated that at the time of taking the policy, registration number of the vehicle was not allotted, as such, in the insurance policy the engine number and chassis number has been mentioned. Further, the appellant -owner stated that chassis number of the concerned vehicle has been wrongly mentioned in the insurance certificate due to clerical mistake of the Respondent -Insurance Company.

(3.) LEARNED Tribunal on consideration of the fact that registration number of the vehicle is not mentioned in the insurance certificate and admittedly the chassis number is different held that the insurance certificate available on record does not connect the concerned vehicle, and, accordingly awarded compensation against the owner and not against the insurer.