NEW INDIA ASSURANCE CO LTD Vs. SAHIBUN KHATOON

JUDGEMENT

(1.) This appeal is directed against the judgment and award passed in Claim Case No. 136 of 1997 by the 4th Additional Motor Accidents Claims Tribunal, Muzaffarpur.

(2.) Learned counsel for the appellant assailed the validity, of the judgment on the sole ground that on the date of accident, i.e., 18.6.1997 there was no valid policy to indemnify the liability of the owner.

(3.) It is submitted that it is a case of commission of fraud by the owner as the premium deposited by him in cheque had bounced and the policy had been cancelled. Learned counsel submitted that, in fact, the owner was fully aware of bouncing of the cheque as he got another policy for the vehicle by paying premium in cash on the date of the accident. It has further been submitted that the owner though filed written statement, but did not choose to contest by appearing in the case and deposing before the court in support of his case in the written statement.