Case: New India Assurance Co.Ltd Vs. Tara Devi & Others

1. Leave granted. 2. This appeal is directed against the judgment and order passed by the High Court of Uttaranchal at Nainital in Appeal Against Award No.45 of 2003, dated 31.03.2005. By the impugned judgment and order, the High Court while confirming the compensation awarded by the Motor Accidents Claims Tribunal (for short the Tribunal) has dismissed the appeal filed by the appellant-Insurance Company.3. The respondents/claimants sustained injuries while the bus in which they were travelling met with an accident. The Tribunal, on the claim made by the respondents/claimants, had awarded a compensation of Rs.6,39,600/- with 9 per cent interest thereon. The High Court while upholding the order so passed by the Tribunal has dismissed the appeal filed by the Insurance Company.4. Aggrieved by the judgment and order passed by the High Court the appellant/Insurance Company is before us in this appeal. 5. Heard learned counsel for the parties to the lis.6. Learned counsel appearing for the Appellant/Insurance Company submits that on the date of the alleged incident, the vehicle in question did not have the valid insurance policy. To buttress his argument, the learned counsel brings to our notice the date of the policy lapsed, the date of intimation of dishonor of the cheque and the cancellation letter written to the insured/owner. But this aspect of the matter has not taken note either by the Tribunal or the High Court while passing the impugned judgment(s) and order(s). 7. We have carefully perused the documents furnished by learned counsel for the appellant-Insurance Company. From these documents, it is clear that the alleged accident took place on 09.5.2001 and on the said date the vehicle in question did not have the valid insurance policy. In that view of the matter we are of the opinion that, the Tribunal as well as the High Court are not justified in granting compensation to the respondents/claimants.

Decision:
1[ds]7. We have carefully perused the documents furnished by learned counsel for theCompany. From these documents, it is clear that the alleged accident took place on 09.5.2001 and on the said date the vehicle in question did not have the valid insurance policy. In that view of the matter we are of the opinion that, the Tribunal as well as the High Court are not justified in granting compensation to thethis aspect of the matter has not taken note either by the Tribunal or the High Court while passing the impugned judgment(s) and order(s).