NATIONAL INSURANCE COMPANY Vs. GAUTAM MAHAJAN

JUDGEMENT

(1.) The learned Motor Accidents Claims Tribunal, Jammu vide dtd. 18/2/1994 passed an award in favour of the claimants to the tune of Rs.5,43,000.00 along with interest @ 7.5% per annum from the date of filing of claim petition till the amount is liquidated.

(2.) The appellant herein, respondent company, was saddled with the liability to pay the compensation to the claimants. The appellant- Insurance Company has filed the present appeal wherein the only grievance raised by the appellant is that as on the date of the accident which took place on 11/11/1993, the vehicle in question was not registered with the Insurance Company. Infact the Insurance Policy was effective from 12/11/1993 to 11/11/1994 and not when the accident took place on 11/11/1993. The argument of the learned counsel for the appellant is that the Tribunal has failed to note that neither the Insurance Policy was in vogue nor any cover note was issued by the Insurance Company in respect of the vehicle involved in the accident. The Tribunal has relied upon the certificate in which it is stated that the insurance of the vehicle is with effect from 2/11/1993 to 1/11/1994. Infact the insurance was effective from 12/11/1993 to 11/11/1994. The letter upon which the Tribunal held the insurance liable to pay compensation awarded in favour of the petitioner cannot be treated as Insurance Policy.

(3.) The respondents-claimants are represented through counsel. The rest of the respondents have not appeared despite being served in the appeal.