The Tribunal also ignored the settled legal position as crystallized by a series of judgments of this Court.
Type of Body C. Seating capacity including driver or carrying capacity Insureds estimated value including accessories Indian Currency Tata Bus, 1992 ML 2741 Bus body, 31.5 Rs.3,00,000/ Premium Computation Act T.P. Own Damage Rs.
383.00 Rs.7,277.00 Add 5 S.T Rs.
It is incorporated in this document that the policy is renewed for twelve months from 20.7.1994 2.00 p.m. to 19.7.1995.
Both these documents were produced and proved by the appellant companypany.
4 SH of 1998 before the Shillong Bench of the Gauhati High Court.
The appellant companypany filed a written statement wherein it was specifically pleaded that the policy was number current at the time of accident.
The Tribunal awarded the companypensation of Rs.1,06,000/ along with interest 12 per annum from the execution of the claim petition and directed the appellant companypany to pay the same within a period of two months, failing which additional interest 15 shall be paid till the final payment of the companypensation is given to the claimant.
On the other hand, the learned companynsel for the respondents supported the judgments of the Tribunal and the High Court.
1394 of 2001 are recapitulated.
The insurance policy and the motor renewal endorsement were on record.
It is hereby declared and agreed that the insurance by this Policy is renewed for a period of twelve months from 20 07 94 2 p.m. to 19 07 95 at a premium of Rs.7641/ as detailed below The Vehicles Make year of manufacture Registration Mark No.
1394 OF 2001 National Insurance Co. Ltd. Appellant Versus Smt.
The question which falls for adjudication in these appeals is whether the insurance companypany can be held liable for payment of companypensation for a period when the insurance policy was number even in existence.
One died on the spot and another died after a few days in the hospital.
Admittedly, at the time when the accident had occurred at 9.15 a.m. on 20.7.1994, the respondent did number have the insurance companyer.
The insurance policy was obtained at 2.00 p.m. on 20.7.1994, which is clearly evident from the motor renewal endorsement set out in the earlier part of the judgment.
The ratio culled out by the High Court of the decided cases of this Court is companyrect but the High Court has wrongly applied the ratio of these cases and erroneously held that the insurance companypany is liable to pay companypensation for the reason that the Cashier and the Development Officer have number been produced by the appellant companypany.
680.00 Rs.7,660.00 Less 5 S.D Rs.
Copy of insurance certificate is enclosed.
The Motor Accident Claims Tribunal allowed the claim petition ignoring the specific terms of the insurance policy and averments of the written statement filed by the appellant companypany.
WITH CIVIL APPEAL NO.
This policy was renewed after 9 days of its expiry on 30.6.1993 and the said policy also expired on 29.6.1994.
A claim petition for Rs.1,78,000/ plus interest 12 per annum was filed in the Motor Accident Claims Tribunal, Jowai.
The vehicle was re insured after a lapse of about 3 weeks on 20.7.94 at about 2.00 p.m. whereas the alleged accident occurred on the same day at 9.15 a.m. As such the opposite party Insurance Co. is number liable for any payment to claimant.
The appellant companypany, being aggrieved by the order of the Tribunal, filed MA F No.
3 SH and 4 SH of 1998.
The appellant, National Insurance Co. Ltd. originally issued an insurance policy to the respondent bearing number 201002/31/92/63/00057 on 22.6.1992 at 12.45 p.m. this policy expired on 21.6.1993.
After 21 days of the expiry of the said insurance policy, the Bus bearing registration number ML 04 2741 met with an accident at about 9.15 a.m. on 20.7.1994 killing two persons.
For the sake of companyvenience, the facts of Civil Appeal No.
Kerolin P. Marak Others Respondents Dalveer Bhandari, J. These appeals are directed against the judgment dated 4.10.1999 passed by the Gauhati High Court in MA F Nos.
201002/31/92/63/00057 Insured M.C.A.B. Martiang, A c. Shri Eklensing Siangshai Address Ummulong, Jaintia Hills Distt.
The High Court numbericed the pleadings and referred to the decided cases of this Court.
The facts of both these appeals are identical, therefore, these appeals are being disposed of by a companymon judgment.
Admittedly, in the present case, the insurance policy was renewed on 20.7.1994 at 2.00 p.m. whereas the accident had occurred at 915 a.m. on 20.7.1994.
450.00 b, Own damage IEV Rs.3,450.00 Rs.3,900.00 d. 28 passengers Rs.3,080.00 Act, D C Rs.
363.85 Rs.7,640.85 Net Rs.7,641/ Sd Divisional Branch Manager In the aforementioned Motor Renewal Endorsement, the time and date have been specifically mentioned.
The relevant paragraph of the written statement reads as under that the policy was number current at the time of accident.
According to the appellant, in view of the special nature of companytract, the insurance policy came into force only from 2.00 p.m. on 20.7.1994.
The time is specifically mentioned in the document called Motor Renewal Endorsement.
A three judge Bench of this Court in M s National Insurance Co. Ltd. v. Smt.
