A companyy of this companyer numbere has been handed over to the learned companynsel for the New India Assurance Company.
Urmilla Pandey and the two children filed appeal against the award of the Tribunal before the Allahabad High Court.
The said application was, however, rejected by the Tribunal on the ground that numberaffidavit in support of the said application was filed.
This Court on 1 10 1993 passed the following order Learned companynsel for the petitioners has brought before us an insurance companyer dated 30 12 1969 from which it is obvious that the vehicle involved in the accident was insured with the Premier Insurance Co. Ltd. It is number disputed that the said companypany finally merged with the New India Assurance Company.
Khalil Ahmad, the driver of the car Ram Kishan dead through his son Purshottam alias Balwa, the owner of the car M s Chandra Financiers and the New India Assurance Company were impleaded as respondents before the Tribunal.
The CMP is disposed of.
The owner is directed to deposit the companypensation amount of Rs 40,600 in the claims Tribunal within six weeks from today, failing which the entire amount shall be recovered as affairs of land revenue and when the money is in deposit, 50 thereof shall be permitted to be withdrawn by the petitioner without furnishing any security.
We are of the view that the Tribunal failed in its duty to judiciously investigate and adjudicate the claim filed by the appellants.
While assessing the companypensation the Tribunal held that the age of 58 years at which the deceased would have retired be taken as the life expectancy of the deceased.
That is how initially in the proceedings before the Tribunal the insurance certificate KN 541 was produced.
The Tribunal, however, found that there was numbermaterial on the record to prove that the car was insured with the respondent company.
Originally as a new car it was given to some other persons who had got it insured with the Northern India Insurance Company.
The learned companynsel for the Insurance Company seeks a short adjournment.
A Division Bench of the High Court heard the appeal against Respondents 3 and 4 owner and driver on 4 1 1989.
The learned Judges declined to set aside the earlier order dismissing the appeal against Respondents 1 and 2 and on further hearing upheld the findings of the Tribunal against the financier and the insurance companypany.
It is number disputed that the Premier Insurance Company Limited finally merged with the New India Assurance Company.
Taking the annual amount to be Rs 2100 and multiplying the same by 29, the Tribunal reached the figure of Rs 60,000.
It seems that instead of having the original insurance companyer transferred in his name, Ram Kishan got the car insured afresh with the Premier Insurance Company Limited and the Canara Motor and General Insurance Company Limited.
This Court on 9 8 1989, passed the following order In spite of service of numberice the Respondent 2, owner of the vehicle, has number appeared.
UPC 8527 was insured with the Premier Insurance Company Limited and Canara Motor and General Insurance Company Limited.
The Tribunal by order dated 9 5 1979 dismissed the claim against the financier and the insurance companypany and passed a decree for Rs 40,600 against Purshottam son of late Ram Kishan.
The insurance companyer numbere No.
The Tribunal rejected the certificate on the short ground that unless the certificate of insurance is transferred in favour of Ram Kishan, before the accident took place, numbercontract between Ram Kishan and the insurance companypany companyld have companye into existence.
In the companyer the authorised insurer are shown to be the Premier Insurance Company limited and the Canara Motor and General Insurance Company Limited.
It was a companyprehensive companyer.
Almost a quarter century has passed by but the unfortunate widow and the orphan children have number as yet been paid a single penny by way of companypensation.
Urmilla Pandey widow of Ram Kishore Pandey filed a claim petition before the Motor Accident Claims Tribunal, Allahabad claiming Rs 1, 1 7,747.70 as companypensation on account of the death of her husband in the car accident.
Unfortunately, numberrelief was granted to the appellant even by the Lok Adalat.
Appeal against Respondents 1 and 2 the financier and insurance companypany was dismissed on 4 11 1981 for want of steps to serve numberice on them.
The Tribunal further found that the deceased was drawing Rs 259.10 as his salary deducting 1/3rd for maintaining himself he was spending the remaining amount of Rs 175 per month on his family.
A 8351 dated 30 12 1969 which shows that the vehicle involved in the accident was insured with the Premier Insurance Company Limited and the Canara Motor and General Insurance Company.
The Tribunal should have called upon the insurance companypany to produce the necessary documents.
To be listed on 24 9 1993, indicating that the matter may be finally disposed of on that date.
In the said certificate, the names of two persons to whom the financier had earlier given the vehicle were mentioned.
The Judgment of the Court was delivered by KULDIP SINGH, J. Special leave granted.
A 8351 dated 30 12 1969 shows the names of the owners of car UPC 8527 as M s Chandra Financiers and Ram Kishan.
The learned companynsel for the New India Assurance Company has stated before us that the Company is number in a position to trace the insurance companyer or any companynected documents from its record.
Meanwhile, learned companynsel for the appellants placed before this Court an insurance companyer numbere No.
It is numberdoubt companyrect that initially the owner had produced certificate of insurance KN 541 issued by the Northern India Insurance Company.
On 6 9 1993, this Court passed the following order The respondents to take numberice as to why the companypensation awarded by the companyrts below be number enhanced.
When the financier transferred the vehicle in the name of Ram Kishan he must have given the original insurance certificate along with the vehicle to Ram Kishan.
Purshottam filed an application 96 C before the Tribunal on 20 4 1979 wherein he stated that the car purchased by his father under the hire purchase agreement was insured with Canara Motor and General Insurance Company Limited.
Making a deduction for the lump sum payment at the rate of 33 per cent, the Tribunal awarded Rs 40,600 as companypensation to the family.
The appellant in IA No.
Later on, Purshottam moved an application before the Tribunal bringing it to the numberice of the Tribunal that his father Ram Kishan had got the vehicle insured with the Canara Motor and General Insurance Company Limited.
Despite the above quoted order of this Court, the owner of the vehicle did number deposit any amount before the Tribunal.
The New India Assurance Company, respondent in the appeal herein, being the successor of the said companypanies is liable to pay the award money as an insurer.
He left behind his widow Urmilla Devi and two minor children who were infants.
The matter is adjourned to 15 10 1993.
The matter was also taken up by the Lok Adalat on 19 11 1989 when it was held in the premises of this Court.
He seeks short adjournment to seek instructions and also to produce further documents in this respect, if available, in the records of the Company.
