UNITED INDIA INSURANCE CO LTD Vs. NILIMA NANDI

JUDGEMENT

(1.) HEARD Mr. S. Dutta, learned counsel appearing for the appellant insurance company as well as ms. R. Lahkar, learned counsel appearing for the respondents, i. e. , respondent Nos. 1, 2 and 3. None appears for the respondent no. 4, Upen Chandra Bhuyan.

(2.) FROM the record of the present appeal it is clear that service of notice of present appeal to the respondent No. 4 had been properly effected. Over and above, Mr. S. K. Barkataki, learned counsel had entered appearance on behalf of the respondent no. 4 by filing the vakalatnama.

(3.) BY this appeal, the appellant insurance company is challenging the judgment and award dated 16. 12. 1999 passed by learned Motor Accidents Claims Tribunal, darrang, Mangaldoi in M. A. C. Case No. 2 of 1992 only on one ground that the amount of Rs. 1,50,000 (rupees one lakh fifty thousand) awarded as compensation for the motor accident which took place on 16. 7. 1991 should not be fastened to the appellant insurance company, inasmuch as the respondent No. 4, the owner of the offending vehicle having registration No. ASU 8927 had entered an insurance policy with appellant insurance company w. e. f. 2. 45 p. m. of 16. 7. 1991 and the said motor accident took place before 2. 45 p. m. on 16. 7. 1991.