MAHARAJ KISHORE MEHROTRA Vs. NATIONAL INSURANCE CO LTD

JUDGEMENT

(1.) The appellants filed an application under Section 110-A of the Motor Vehicles Act, 1939, for compensation for the death in the motor vehicle accident of Sushila Mehrotra. The Tribunal has awarded a compensation of Rs. 29,400/-against the insurance company, respondent No. 1, with interest at the rate of 12 per cent per annum. The claimants have filed this appeal claiming that they are entitled to higher compensation.

(2.) When the appeal was taken up for hearing, Mr. Sen, learned Counsel appearing on behalf of respondent No. 1, submitted that from Exh. A it will appear that the vehicle was insured with respondent No. 1 for the period 8.9.1982 to 7.9.1983 and when the accident took place, i.e., on 6.3.1984, the vehicle was not insured with respondent No. 1, so it was not liable to pay any compensation to the appellants.

(3.) Copy of the insurance policy was marked Exh. A in this case. The insurance was valid for the period 8.9.1982 to 7.9.1983. The contention of respondent No. 1 cannot be accepted because it has not filed any appeal or cross-objection and, therefore, the Tribunal has held that respondent No. 1 is solely liable to pay compensation. Further from the records of the Tribunal it appears that notice was given by the appellants to respondent No. 1 to produce the policy along with the renewal slip mentioned in the notice but no reply to that was given by respondent No. 1. The award of the Tribunal fastening the liability on respondent No. 1 cannot be disturbed.