NATIONAL INSURANCE CO LTD Vs. ASHOK KUMAR CHAUHAN

JUDGEMENT

(1.) On 10.5.91, Ashok Kumar Chauhan, son of Bhaiya Chandra Kishore Nath Sari of the village Oaina, while on the way to Lohardaga on a motor cycle (BR 14-S 1045) along with a pillion rider Manoj Kumar Singh got proper signal from driver of the bus (BR 14-H 6008) going ahead but while overtaking, the said bus all of a sudden dashed the motor cycle. Meanwhile an autorick- shaw (BR 14-A 1771) came from opposite direction in a rash and negligent manner and at excessive speed and further dashed the motor cycle and thereafter, the bus again dashed it. In this process both the occupants of motor cycle received injuries.

(2.) Ashok Kumar Chauhan sustained fracture in his right leg and filed application under section 166 of the Motor Vehicles Act, 1988 (hereinafter to be referred to as 'the Act') for compensation which was registered as Compensation Case No. 128 of 1991, before the Judicial Commissioner, Ranchi. United India Insurance Co. Ltd., Main Road, Ranchi, as insurer of both the autorickshaw as well as the motor cycle and Oriental Insurance Co. Ltd. as insurer of the bus were made parties.

(3.) United India Insurance Co. Ltd. appeared and filed written statement stating, inter alia, that in absence of the particulars of the insurance policy they were not in a position to admit whether those vehicles were actually insured with them. It was further pleaded that the claimants must disclose policy particulars of each of the vehicles separately, else the insurance company's name should be expunged from the cause title.