UNITED INDIA INSURANCE CO LTD Vs. SOHARAB KHAN

JUDGEMENT

(1.) THIS appeal has been filed against the order of the Motor Accident Claims Tribunal, Barmer dated December 8, 1988 by which it has directed under Sec. 92-A, Motor Vehicles Act, 1939 (hereinafter referre4 to as 'the Act') the owners and the insurer to make payment of Rs. 15,000/- to the claimants. The facts of the case may be summarised thus.

(2.) ON 13. 11. 87, at about 1. 30 P. M. , an accident took place near the stadium at Barmer by truck No. RRQ 9807. Claimant's son Sakhi died on the spot. Claim petition under Section 110-A of the Act was filed against the owners, driver and insurer of the said truck along with an application under Sec. 92-A of the Act. The insurer-appellant averred in its written-statement that the said truck was insured at 4 P. M. on 13. 11. 87, it was not insured at the time of the accident and the owners concealed the material fact that the said vehicle had thus met with an accident. After hearing the parties, the Tribunal passed the impugned order. A photo-stat copy of the cover note has been filed along with the memo of appeal.