NATIONAL INSURANCE COMPANY LIMITED Vs. BAHURI DEVI

JUDGEMENT

(1.) THIS interlocutory application under the proviso to section 173 of the Motor Vehicles Act (hereinafter referred to as 'the Act') has been filed by the appellant Company seeking condonation of the delay in preferring this appeal. In view of the statements made in this application and the submissions made by learned counsel for the parties, this application is hereby allowed and the delay in preferring the appeal is condoned. IA No. 1056 of 2003 is, accordingly disposed of.

(2.) HEARD Mr. Ajay Kumar for the appellant, and Mr. Ajay Kumar Thakur for respondent nos. 1 and 2. This appeal is directed against the judgment and order dated 22.5.2000 passed by the learned 3rd Addl. District Judge -cum -Claims Tribunal, Begusarai, whereby claim application of respondent nos. 1 and 2 herein has been allowed, and the appellant Insurance Company has been directed to pay the amount of compensation. Respondent no. 3 (Naveen Kumar Singh) was the owner of a motor vehicle, being a gypsy bearing registration no. BR 06/0011, which met with an accident on 2.8.95, resulting in the death of one Rabindra Paswan who was coming on a bicycle. Respondent no. 1 is the mother, and respondent no. 2 is the father of the deceased. Respondent nos. 1 and 2 filed claim application under Section 166 of the Act. The owner of the vehicle did not appear before the Tribunal. The appellant Insurance Company took the stand that the insurance policy had been cancelled and, therefore, it was not liable to pay the compensation amount. The contention has been over -ruled. The learned Claims Tribunal has found in the impugned judgment that the accident took place on 2.8.95 involving the death of the said Rabindra Paswan. It proceeded to quantify the amount of compensation, and directed the appellant company to pay the same to the claimants. Hence this appeal.

(3.) MR . Ajay Kumar Thakur, learned counsel for respondent nos. 1 and 2 has supported the impugned judgment. He submits that the question whether or not the terms of the policy had been violated is a matter inter see between the insurer and insured, and does not in any event adversely affect the case of the claimants. He relies on the judgment of the Supreme Court reported in (2003) 3 SCC 338 (United India Insurance Co. Ltd. vs. Lehru and Ors.).