NATIONAL INSURANCE COMPANY LIMITED Vs. RAM KHELAWAN PASWAN

JUDGEMENT

(1.) This Misc. Appeal is directed against the judgment and award dated 23rd April. 1988 passed by the 7th Addl. District Judge, Dhanbad-cum-Motor Vehicle Accidents Claims Tribunal in Title (M. V. Claim) Suit No. 44/83 whereby a sum of Rs. 50,000/- has been awarded as compensation to the claimant respondent on account of death of the son of the claimant respondent in a motor vehicle accident.

(2.) The case of the claimant respondent was that on 21-12-81 while Naresh Paswan deceased son of the claimant was going to bazar on cycle he was dashed by a truck bearing registration no. BHW 2531. It was alleged that the driver of the said vehicle was driving the said truck in rash and negligent manner which is resulted in the accident and the death of the deceased. The owner of the truck and the appellant insurance company appeared and filed their respective written statement opposing claim of the claimant on various grounds. The learned Claims Tribunal after going through the evidence and after hearing the parties assessed the compensation at Rs. 50,000/- and directed the opposite parties to pay the said amount of compensation.

(3.) Mr. Tapan Sen, learned counsel appearing for the appellant Insurance Company assailed the judgment and award of the Claims Tribunal as being illegal and contrary to the facts and evidence on record. The learned counsel submitted that the Tribunal completely overlooked and ignored the defence taken by the appellant and has passed the judgment and award on conjecture and surmise. The learned counsel submitted that it was the specific case of the appellant Insurance Company that the vehicle was not insured by any valid policy of insurance but the Claims Tribunals neither framed an issue nor came to prima facie finding that the vehicle was insured with the appellant Insurance Company. According to the learned counsel, therefore, in absence of such finding the judgment and award against the appellant cannot be sustained in law.