NATIONAL INSURANCE CO LTD Vs. UCHHAV KANWAR

JUDGEMENT

(1.) This special appeal is directed against the judgment dated 21.05.2001 passed by the learned Single Judge in S.B. Civil Misc. Appeal No. 477/2001 by which the learned Single Judge has dismissed the appeal filed by the present appellant while affirming the award dated 19.07.2000 made by the learned Motor Accidents Claims Tribunal, Bikaner in Claim Case No. 134/1993.

(2.) The claimants are the parents of the deceased who was aged 22 years and who died in motor accident. On appreciation of the evidence, the learned Tribunal awarded compensation of Rs. 1,70,000/- in favour of the claimants and fastened liability on the appellant-insurer. The aforesaid award dated 19.07.2000 of the learned Tribunal was challenged before the learned Single Judge on the ground that the Tribunal had erred in coming to the conclusion that there was valid insurance existing at the time of accident.

(3.) Learned Counsel Mr. Sanjeev Johari appearing for the appellant insurer Company submitted that the accident had occurred on 14.04.1993 and on that date the vehicle was not insured with the appellant. It is submitted that the insurance policy commenced two days after the incident and in that view of the matter, the insurance company could not have been held liable for making the payment of compensation as there was no valid insurance on the relevant date when accident took place. This point was taken before the learned Tribunal and the learned Tribunal decided the aforesaid point by framing issue No. 3. On appreciation of the evidence, the learned Tribunal came to the conclusion that the insurance company has failed to prove the fact that the insurance coverage was from 16.04.1993 to 15.04.1994. The Tribunal found that the theory put forward by the insurance company is doubtful and there are manipulations in the cover note. The learned Single Judge also examined this aspect and affirmed the findings of the Tribunal.