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

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 theCompany.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.

Reasoning:
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).