New India Assurance Co. Ltd. vs Chano Devi and Others

Gurusharan Sharma and Amareshwar Sahay, JJ.—Heard. Maruti car bearing the registration No. BR 14-C 0262, which was involved in the motor accident dated 28.4.1996, was duly insured at the relevant time with the two insurance companies, namely, (i) National Insurance Co. Ltd. for the period from 10.9.1995 to 9.9.1996 and (ii) New India Assurance Co. Ltd. for the period from 26.4.1996 to 25.4.1997. Accordingly, the Tribunal held both the insurance companies responsible for indemnifying the owner''s liability to pay the compensation amount of Rs. 2,70,000 with interest to claimants under the Act to the extent of half and half. The present appeal has been filed by New India Assurance Co. Ltd. denying its liability to indemnify the owner''s liability. We find no substance in this contention for the reason that the appellant cannot escape its liability in terms of the insurance policy, which was issued by it and was effective on the date of the accident. We find no merit in this appeal. It is dismissed. The statutory amount of Rs. 25,000 deposited by challan No. J-11 dated 12.4.2002 by the appellant in this appeal is permitted to be withdrawn on proper verification.