NEW INDIA INSURANCE COMPANY LTD Vs. SABANA AZMI

JUDGEMENT

(1.) THIS appeal by the appellant -Insurance Company is directed against the judgment and award dated 20th February, 2008 passed by Motor Accident Claims Tribunal, Chaibasa in Compensation Case No. 20 of 2005 whereby he has awarded compensation and directed the appellant - Insurance Company to pay the same to the claimants -respondents.

(2.) THE facts of the case lie in a very narrow compass: On the relevant date of accident, the deceased along with his family members were going to Ranchi by Maruti Van No. JH -05C2656 to meet their relatives. On the way because of sudden appearance of turning the driver could not control the vehicle and the vehicle fell into a ditch as a result of which one Nizamuddin received severe injury and died. The wife of the deceased was the owner of the vehicle and she was going along with her deceased - husband. The Insurance Company appeared and filed written statement wherein the insurance of the vehicle was admitted but it was pleaded that there is violation of terms and conditions of the policy. The Tribunal after holding that the vehicle was insured with the Insurance Company directed the appellant to pay the compensation amount.

(3.) BEFORE the Tribunal neither the Insurance Company nor the owner of the vehicle has produced any document in support of their contention nor any evidence was adduced to show that the occupants of the vehicle was not covered under the policy. One important aspect that needs consideration is that the claim application was filed under Section 163 A of the Motor Vehicles Act under which the claimant is not required to plead or establish that the death or permanent disablement, in support of the which the claim has been made, was due to wrongful act, neglect or default of the owner of the vehicle.