NATIONAL INSURANCE COMPANY LIMITED Vs. RINKU DEVI

JUDGEMENT

(1.) THIS miscellaneous appeal has been preferred against the judgment dated 18.8.2000 and Award dated 14.3.2001 passed by Sri Baikunth Nath Shahi, 3rd Additional District Judge-cum- Motor Vehicle Accident Claims Tribunal, Begusarai, in Claim Case No. 64/98/18/ 2000 whereby he has been pleased to award compensation to the claimant to the tune of Rs. 2,57,000.00 and directed the appellant -Insurance Company to pay the entire compensation amount with 12% interest from the date of filing of the application till the payment.

(2.) DURING the course of argument, Sri Ajay Kumar, learned Advocate appearing on behalf of the appellant -Insurance Company raised only one point. He contended that the record of the claim case will show that on the alleged date of occurrence i.e. on 7.9.98 the insurance policy was not in existence as prior to that i.e. on 18.8.98 the appellant -Insurance Company had already informed the insured through Exhibit -A that the Insurance Company had cancelled the policy as the cheque issued by him had been returned by the bank as being dishonoured. Learned advocate submitted that after cancellation of policy on 18.8.98 it will be deemed that since that date the vehicle, in question, was not covered under the policy and, as such, the appellant -Insurance Company is not liable to pay compensation but by asking the appellant -Insurance Company to indemnify the award, the Tribunal has committed illegality. In this regard, the learned Advocate of the appellant has placed reliance upon the following decisions:

(3.) THE above referred decision fully applies in this case also and, as such, I hold that this appeal by appellant-Insurance Company is not maintainable.