Satya Brata Sinha, J. - (1.) This appeal arises out of a judgment and award dated 8th August, 1990 passed by Shri P. K. Ganguly, Judge, Motor Accident Claims Tribunal, Burdwan whereby and whereunder the said learned Court awarded a compensation of Rs. 30,000/- (Rupees thirty thousand) in favour of the first respondent. It was further directed - "The O.P. National Insurance Co. Ltd. is directed to pay the said amount of award alongwith interest at the rate of 6% per annum on the said amount from the date of filing of the application till full realisation, to the petitioners through this Tribunal within three months from this date and in default, the petitioners will be entitled to claim interest at the rate of 6% per annum on the said amount of award."
(2.) The basic fact of the matter is not at all in dispute. One Shri Bechu Malik died in a Motor accident which occured on 12th December, 1975. The first respondent filed an application for grant of compensation in terms of the provisions of the Motor Vehicles Act, 1939 on 2nd of April, 1976. A written Statement was filed by the Oriental Fire and General Insurance Co. Ltd. denying that the vehicle was insured with it. The owner of the vehicle being a bus bearing Registration No. WBH 8670 Shri Shyamal Chowdhury, inter alia, stated that the National Insurance Co. Ltd., the Appellant herein, is liable to satisfy the claim for compensation in terms of Section 96 of the Motor Vehicles Act. Thereafter the appellant company was impleaded and in its written statement, had denied its liability. The appellant further filed additional written statement denying the allegtion of the owner of the Bus. The learned tribunal below upon taking into consideration the facts and circumstances of the case passed the aforementioned award.
(3.) The learned Counsel appearing on behalf of the appellant has raised a short question in support of the appellant. The learned Counsel submitted that no document has brought on records to show that the vehicle in question was insured with the appellant company.;