PATNA Vs. MD. KHALIL NAI S/O KARMRUDDIN NAI R/O VILL.- KARGAHAR, P.O. KARGAHAR, P.S. KARGAHAR, DISTT.- ROHTAS, AISHA KHATOON W/O MD. KHALIL R/O VILL.- KARGAHAR, P.O. KARGAHAR, P.S. KARGAHAR, DISTT.- ROHTAS, ASHOK KUMAR SINHA S/O LATE KEDAR PRASAD R/O C 9/198 HABIB

JUDGEMENT

(1.) - The appeal is directed against the order dated 10th of Nov. 2009 passed by the IInd Additional District Judge-cum-Motor Vehicle Accident Claim Tribunal, Rohtas at Sasaram (hereinafter referred to as the Tribunal ) in Motor Vehicle Case No. 57 of 2002 whereby a compensation of Rs. 1,34,5000.00 was allowed with interest at the rate of 6 percent per annum from the date of the filing of the claim application till the date of payment. The appellant Insurance aggrieved by the aforesaid order preferred this appeal taking a stand that the learned Court below even though taking notice of the fact that the insurance cover note vide exhibit-B bears overwriting on the last number 7 - of the cover note, allowed the compensation taking into consideration the aforesaid insurance policy.

(2.) The fact of accident causing death of the minor deceased by the offending truck bearing registration no. UP 65- H/4931 on 19th of Feb. 2002 at the place known as Kargahpur, Sasaram Pukki Road near K. Oil Pump at Kargahar, P.S. Kargahar District Rohtas is not in dispute. The claimants being parents of the deceased filed the case for compensation. In support of the claim, besides the oral evidence of the claimants, as APW -1 and APW -2, father and mother of deceased one Md. Islam claiming to be the eye witness was examined as APW -3, certified copy of the FIR ( Exb-1), certified copy of charge sheet (Exb-2), postmortem report (Exb-3), road permit of the vehicle (Exb- 4), fitness certificate (Exb-5), owner book (Exb-6) and Insurance Paper (Exb-7) were brought on the record on behalf of the claimants. The appellant insurance company filed written statement stating mainly that vehicle in question was not insured with the appellant insurance company, driver had not valid license and also overwriting in cover note (Exb-B). As regard the insurance cover note, the report received from the Varanasi vide Exhibit - A was filed to show that the vehicle in question was not insured and cover note bearing No. 713557, there is over writing on the last no. 7 - of the cover note. Accordingly, the claim was opposed.

(3.) Learned Tribunal upon considering the oral as well as documentary evidence on the record allowed the claim since the facts except that the insurance cover note was issued or not as per Exhibit - B, the rest of the facts with respect to the accident and the death of the son of the claimant were not in dispute. As regards the allegation of the appellant Insurance Company, the cover note bearing some overwriting, the Tribunal was of the view that the matter with regard to cover note as to whether it was issued or not or the same was forged, fabricated and fake is a matter to be contested by the insurance company with the owner and driver of the vehicle. However, on perusal of the documents, the Tribunal found that the vehicle was insured with the appellant New India Insurance Company at the time of accident and held the insurance company liable to pay the compensation and accordingly allowed the compensation.