SANJEEV KUMAR KESHRI Vs. SARASWATI DEVI

JUDGEMENT

(1.) The owner of the vehicle/ appellant is in appeal against the impugned judgment of Award dtd. 21/8/2012 passed by learned Presiding Officer, Motor Accidents Claims Tribunal, Ranchi in Compensation Case No.264 of 2004 by which the liability to pay the compensation amount to the claimants under Sec. 166 of the M.V. Act has been fixed on the owner of the offending vehicle.

(2.) The instant Misc. Appeal has been preferred mainly on the three grounds:-

(3.) In this regard, reliance is placed on 2004 2 ACJ 1209, in the case of Oriental Insurance Company Limited vs. Bhal Nalkantha Khadi wherein the draft had already been made before the accident, but the Insurance Company received the proposal along with the premium by the demand-draft after the said accident. The High Court of Gujarat held that in such situation, it was the Insurance Company which will be liable to pay the compensation. The judgment rendered in 2006 0 Supreme (MP) 812 is also to the same effect.