NATIOANL INSURANCE CO LTD Vs. RAM CHANDRA GOPE

JUDGEMENT

(1.) In this appeal notice were issued to the claimants-respondents and the owner of the vehicle as respondent No.9. The claimants have appeared but in spite of notice respondent No.9 owner of the vehicle did not appear. This Court alter exhausting all the procedure for service of notices by registered post as also by ordinary process, the notice was served by publication in the newspaper. It has been specifically mentioned in the notice published in the newspaper that in the event of failure of the respondent No.9 to appear in the appeal, the same shall be disposed off ex parte. 1 lence, we are disposing of the appeal after hearing the Counsel for the appellant Insurance Company and the respondents-claimants.

(2.) This appeal by the appellant-Insurance Company is directed against the judgment and award dated 27th March, 2004 passed by the 1st Additional District Judge-cum-Molor Vehicle Accident Claims Tribunal at Chaibasa in Compensation Case No. 14 of 1997 whereby the Tribunal awarded compensation of Rs. 1,66,000/- and directed the appellant-Insurance Company to pay the said amount. The appellant has assailed the impugned judgment and award on the sole ground that at the time when the accident took place the offending vehicle was not insured with the appellant-Insurance Company rather cover note was obtained by the owner of the vehicle after the said accident. In support of that the appellant- Insurance Company produced the cover note as also insurance policy, which were marked exhibits.

(3.) Mr. Alok Lal learned Counsel for the appellant appeared and submitted that in the cover note, which was marked Ext. B, it has been clearly mentioned that the cover note was issued on 31st October, 1996 at 5 p.m. whereas the accident took place at 3.15 p.m. on the same day. The Tribunal although took notice of the cover note Ext. B and found that in the cover note the time of issuance is clearly mentioned at 5 p.m. but the Tribunal was of the view that since time was not mentioned in the insurance policy, therefore, the Company has liability for payment of compensation.