SARWAN KUMAR RAI Vs. BHUNESHWAR MANDAL

JUDGEMENT

(1.) Both these appeals are directed against the judgments dated 18.2.1999 and 12.2.1999 passed in Motor Accidents Claims Tribunal Case Nos. 23 and 34 of 1994 respectively by 4th Additional District Judge-cum-Motor Accidents Claims Tribunal, Purnia, whereby the claim of 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. DR 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, appellant owner stated that chassis number of the concerned vehicle has been wrongly mentioned in insurance certificate due to clerical mistake of the respondent insurance company.

(3.) Learned Tribunal, on consideration of the fact that the 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.