Arun Bhansali, J. - (1.) This appeal is directed against judgment and award dated 01.11.1999 passed by the Motor Accident Claims Tribunal (First), Jodhpur ('the Tribunal'), whereby, the Tribunal has awarded a sum of Rs. 5,10,000/- along with interest @ 12% per annum from the date of application for compensation ('application') i.e. 11.04.1994, however, the Insurance Company has been exonerated from the liability to pay compensation.
(2.) The application was filed by the claimants wife, son and parents of one Rajendra Singh Rajpurohit with the averments that said Rajendra Singh Rajpurohit, who was aged 25 years, was travelling on his Scooter bearing registration No. RJ19-M-6258 from Rasala Road to Sojati Gate when Bus bearing registration No. RJP-467, which was being driven rashly and negligently by Laxmi Narayan, struck the said Rajendra Singh Rajpurohit, which resulted in grievous injuries to him, to which, he ultimately succumbed; it was claimed that deceased was Editor of Rajasthan Law Weekly and his monthly salary was Rs. 2100/- and by working with Newspaper agency, used to earn another Rs. 1200/- per month; the applicants were dependent on him; his salary was likely to increase in future. Based on the said averments a compensation of Rs. 21,96,000/- was claimed.
(3.) No reply was filed by the driver and owner of the Bus. The Insurance Company filed its reply and took usual defences; besides the usual defences, it was claimed that at the time of accident the Bus was not insured; the owner of the Bus after the accident, by concealing the fact of accident, got the Bus insured, which is illegal; the cover note is void as the same was got issued on 14.10.1993 at 05:15 PM at Jaipur, whereas, the vehicle was at Jodhpur; without physical verification, cover note cannot be issued and the Insurance Company has not given any credence to the cover note in question; the premium was paid by cheque and till such time that the amount of cheque is not deposited with the Insurance Company, the risk does not start; the cheque was dated 15.10.1993 and, therefore, the Insurance Company is not liable; the amount claimed as compensation was also disputed.;