Hence, they filed an appeal before the High Court.
The tribunal directed the New India Assurance Company to pay the awarded sum but the insurance companypany wanted to disown the liability on the premise that at the time of the accident there was numberpolicy of insurance companyering the vehicle companycerned.
2.1995 which was to expire by the midnight of 7.2.1996.
The vehicle involved in the accident was in fact companyered by a policy of insurance issued by the same insurance companypany on 8.
It was the ill luck of the claimants that the accident took place at 4.30 a.m. on 8.2.1996 which is only four and a half hours after the expiry of the erstwhile policy.
The impugned judgment rendered by a division bench of the High Court exonerated the insurance companypany from,,the liability under the award by holding that at the time when the accident took place, there was numberpolicy of insurance for the vehicle.
Thomas, J. Leave granted.
This appears to be an unfortunate case where the dependents of a victim in a motor accident though succeeded in getting an award from Motor Accident Claims Tribunal in a sum of Rs.4.95 lakhs are disabled from companylecting the amount from the insurance companypany.
