NATIONAL INSURANCE COMPANY Vs. SUA LAL SHARMA

JUDGEMENT

(1.) SINCE both these appeals arise out of the same award passed by the Motor Accident Claims Tribunal, Tonk, they were heard together and are being disposed of by this common order.

(2.) FIRST of the above appeals has been preferred by the National Insurance Company Ltd. against the award dated 26. 9. 2000 passed by MACT Tonk whereby it awarded a sum of Rs. 1,42,000/- to the claimant-respondents as compensation for the loss of Truck No. RND 6065 and the cement loaded therein, which were burnt as a result of the accident involving Tanker No. HNU 885 insured with the appellant insurance company. Another appeal has been filed by the claimant for enhancement of the amount of compensation.

(3.) IT is evident from the facts of the case that the first cover note was issued by the insurance company on 5. 10. 1992 according to which, the vehicle was insured for the period from 5. 10. 1992 to 4. 10. 1993. Though the accident took place in the night intervening between 8. 10. 1992 and 9. 10. 1992 at 2. 00 a. m. on 9. 10. 1992 but the intimation about dishonour of the cheque dated 3. 10. 1992, as per the evidence on record was sent by the insurance company to the owner of the vehicle on 9. 10. 1992 itself. IT is also evident from the record that office of the insurance company had again issued a cover note of the same vehicle at 4. 35 p. m. on 9. 10. 1992 by accepting amount of premium in cash. Though what is contended by the insurance company is that intimation of the dishonour of the cheque was sent to the owner of the vehicle on 9. 10. 1992 itself but neither the point of time when such intimation was sent has been indicated nor proved nor it has been shown that whether such information was actually delivered to the owner on that day but from the facts of the case, two inferences can be safely drawn, one : when the incident took place at 2. 00 a. m. on 9. 10. 1992 itself, the intimation of the dishonour of the cheque was certainly not sent by the insurance company to the owner before the accident took place and two : that when owner got another cover note issued for insurance of the same vehicle by depositing the amount of premium in cash at 4. 35 p. m. on 9. 10. 1992, then only he actually came to know of the fact that his earlier cheque has been dishonoured.