Subhash Chander and Others vs Rajiv Kumar and Others

Amarjeet Chaudhary, J.—FAOs No. 955, 956 and 957 of 1984 arising out of the common award of the Motor Accident Claims Tribunal, Ambala City, dated 8.9.1984 are being disposed of by this common judgment.

All the three appeals have been preferred by the owner and the driver of the offending Vehicle No, HRL-580.

The Motor Accidents Claims Tribunal, Ambala City (hereinafter referred to as the Tribunal) on the three claim petitions bearing Nos. 10, 14 and 82 of 1982 filed by Durga Devi & others, Sat Pal and others and Rajiv Kumar etc. respectively, u/s 110-A of the Motor Vehicles Act, while awarding compensation to the claimants had fastened the liability to pay compensation on the appellants and two others.

The main issue before the Tribunal in all the above three claim petitions was whether Truck No. HRL-580 was insured with New India Assurance Co. Karnal Branch on the date of accident and to what amount the claimants were entitled to as compensation and from whom. The Tribunal on this issue had returned a categorical finding that the offending vehicle was not insured with the Insurance Company on the date of accident. As such the Insurance Company was not liable to pay compensation.

I have considered the submissions of the Counsel for the respondents and perused the paper book.

In the case in hand, the accident in which Truck No. HRL-580 was involved, had taken place cm 17.1.1982.''A photostat copy Of the Insurance Polity , Exhibit R-1 reveals that the said truck was got insured with the Insurance Com; pany on 18.1.1982. Thus, it is clear that the truck in question was not insured with the Company on the date of accident and it was got insured with the Company subsequent to the date of accident. It was rightly held by the Tribunal that the Insurance Company was not liable to pay compensation and the liability to pay compensation was rightly fastened on the owner of the vehicle i.e. Subhash Chander. etc. appellants.

In this view of the matter, the award of the Tribunal does not call for any interference. Consequently, all the three appeals are dismissed being devoid of any merit.

No Orders as to costs.