PUSHPA DEVI Vs. ORIENTAL INSURANCE CO. LTD.

JUDGEMENT

(1.) HEARD LEARNED COUNSEL FOR THE PARTIES.

(2.) THESE APPEALS HAVE BEEN FILED BY APPELLANTS AGAINST THE JUDGMENT DATED 17.03.2005 PASSED IN THE LEARNED MACT TRIBUNAL, BALI. THE APPELLANTS IN S.B. CMA NO. 1120/2005, WHO ARE LEGAL HEIRS OF VIMAL CHAND FILED A CLAIM PETITION BEFORE THE MOTOR ACCIDENT CLAIMS TRIBUNAL, BALI CAMP SUMERPUR, BEING MACT CASE NO. 199/2002 (PUSHPA DEVI and ORS. V. THE ORIENTAL INSURANCE CO. LTD.). THE LEARNED MACT JUDGE HAS DISMISSED THE CLAIM PETITION, FILED BY THE CLAIMANT-APPELLANTS ON THE GROUND THAT PREMIUM FOR PAID DRIVER WAS NOT TAKEN AND SHRI VIMAL CHAND WAS OWNER AND DRIVER AT THE RELEVANT TIME.

(3.) LEARNED COUNSEL FOR THE INSURANCE COMPANY ARGUED THAT IN THIS CASE, VIMAL CHAND WAS DRIVING THE CAR AND ON PERUSAL OF ADMITTED INSURANCE POLICY, EX-8 THE COLUMN NO. 5 OF INSURANCE POLICY IS MEANT FOR THE NAME AND ADDRESS OF INSURED WHEREIN THE NAME OF DECEASED VIMAL CHAND HAS BEEN MENTIONED. THE LEARNED TRIBUNAL RIGHTLY PLACED RELIANCE ON DHANRAJ V. NEW INDIA INSURANCE COMPANY 1998 ACC PAGE 229.