LAWS(MPH)-1998-2-83

NEW INDIA ASSURANCE CO. Vs. BHAGWATI DEVI

Decided On February 10, 1998
NEW INDIA ASSURANCE CO. Appellant
V/S
BHAGWATI DEVI Respondents

JUDGEMENT

(1.) IN this appeal, the correctness of the decision of a two -member Bench of this Court reported in New India Assurance Co. Ltd. v. Ram Dayal [1990 (II) MPWN 90] requires to be tested.

(2.) THE facts giving rise to the appeal are minimal. The appellant -insurance company sold a policy at about 4 p.m. on 17.2.1989. Undeniably, it had been bought at a time when an accident pertaining to the vehicle insured had already taken place at about 9 a.m. the same day. The fatal accident occurring thereby gave rise to a claim for damages before the Motor Accident Claims Tribunal.

(3.) AS a result, this appeal is allowed on the basis of the decision of this Court in the Jikubhai case [(1997) 1 SSC 66] in such manner that the claim of the complainant for compensation would stand rejected against the appellant -insurance company but would otherwise remain allowed against the driver and the owner of the offending vehicle. No costs.