HEMA Vs. NARAYAN

JUDGEMENT

(1.) This appeal is at the instance of claimant filed under section 173 of Motor Vehicles Act questioning the legality and propriety of an award dated 27.9.96 rendered by M.A.C.T., Mandsaur in Claim Case No. 38 of 1994. Facts in short for the disposal of this appeal need mention infra.

(2.) On 6.7.1992, when claimant Hema aged about 6 years was going on the road, a tractor belonging to respondent No. 1 and insured with respondent No. 3 dashed her resulting in some injuries on her body such as on head and legs. This led to filing of claim petition before the M.A.C.T., out of which this appeal arises, claiming compensation for the loss and disability that the claimant suffered.

(3.) The claim was contested by the respondents (non-applicants). So far as the insurance company v/as concerned the defence was that at the time of accident the vehicle in question was not insured with the insurance company. According to insurance company, the accident had occurred at 11 a.m. on 6.7.1992 whereas the policy was issued at 5 p.m. on 6.7.1992, i.e., subsequent to the occurrence. On this basis, the case of insurance company was that no liability can be fastened on the insurance company.