- (1.) This First Appeal From Order is directed against the judgment and order dated 30.10.2015 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No. 19, Allahabad awarding a sum of Rs.11,24,328/ - as compensation.
(2.) An application was made by the claimants seeking compensation to the tune of Rs.12,90,500/ - on account of death of Om Prakash Pandey caused in an accident on 26.9.1999 at about 6.30 p.m. Near Red Eagle Military School. According to the claim petition, the deceased was police Sub -Inspector of Delhi Police and was going on motor cycle no. UP -70J -8522 along with another Sub - Inspector Vijay Kumar Mishra to police outpost Pura Gareriya Govindpur and at about 6.30 p.m. when they reached Red Eagle Military School the driver of Tata 407 minibus bearing registration no. UP 70E 8330, which was being driven rashly and negligently, dashed the motor cycle on account of which the deceased Om Prakash Pandey suffered grievous injuries and died while on way to hospital.
(3.) Case set up by the appellant Insurance Company was that when the cheque of premium given by the owner of the offending vehicle was presented for encashment it was dishonoured by the bank for want of funds and thereafter, the Insurance Company vide registered letter dated 06.08.1999 informed the owner of the offending vehicle as well as the Road Transport Authority that the cheque of premium has bounced and insurance cover note no. 776731 dated 25.8.1999 and the policy no. 2211 of the vehicle in question has been cancelled. It was also pleaded that accident took place on 26.09.1999, as such, the insurance company in view of Section 64VB is under no liability to make payment of compensation. On behalf of the Insurance Company photocopy of the cheque no. 155357, the memorandum issued by the Union Bank of India dated 28.08.1999 for bouncing of the cheque, letter dated 06.09.1999 issued to the owner of the offending vehicle and certified copy of the register and 'Dakbahi' were produced in evidence.;