NATIONAL INSURANCE CO LTD Vs. SANJANA

JUDGEMENT

(1.) WE have heard learned Counsel for the parties.

(2.) THESE two appeals raise identical issues arising out of same accident which gave rise to two separate claims and, therefore, two separate appeals have been preferred. Appeal No. 1260/2004 relates to Claim Case No. 13/2003 whereas the another appeal No. 1261/2004 relates to claim case No. 12/2003 lodged before the Motor Accident Claims Tribunal, Rajgarh (Chum). Both the claims were decided by the joint award dated 19th Feb., 2004. The accident occurred on 17th March, 2002 resulting in death of two persons namely Kanheya Lal and Om Prakash, who were going on Bajaj Chetak scooter. While they were returning from Sakhu to Rajgarh, the scooter was hit by a jeep No. RJ 07/Temporary/1 P -77 as a result both the riders of the scooter died.

(3.) THE Insurance Company, which is appellant before us has raised two fold defence to its liability arising from the accident. Firstly, it was pleaded that deficient premium was paid by the insured and until the 30th July, 2001 the remaining premium was not paid by the insured, therefore, the insurance company is not responsible for indemnifying the owner to indemnify as it has not undertaken any liability. It was also pleaded that the jeep was being driven in breach of terms of the Insurance Company and, therefore, the Insurance Company was not liable. The lack of valid licence with the driver of the jeep was also pleaded.