UNITED INDIA INSURANCE CO LTD Vs. FATEH SINGH

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) These appeals are filed by appellant insurance company to challenge the award dated 5.8.2003 by which Motor Accidents Claims Tribunal, Udaipur in Claim Case Nos. 521 and 522 of 1996 awarded compensation of Rs. 59,000 and Rs. 3,08,100 to the claimants of the respective claims.

(3.) Learned counsel for appellant submitted that though the cover note for the vehicle in question was issued on 16.8.1996 and accident occurred on 18.8.1996, but the cheque given by the insured was dated 19.8.1996 and policy was issued to the insured by appellant insurance company on 19.8.1996, a day after the accident. Therefore, according to learned counsel for the appellant on the date of accident, the appellant company did not receive the premium for insurance of the vehicle and also did not issue any policy to cover the risk of the vehicle, therefore, the appellant company was wrongly held liable by the Tribunal to pay the compensation amount to the claimants.