N.P.GUPTA, J. - (1.) THESE two appeals have been filed against the common award of the learned Motor Accident Claims Tribunal, Jodhpur dt. 17.3.1997.
(2.) THE Appeal No. 686 has been filed by the claimants for enhancement of compensation, while Appeal No. 738 has been filed by the insurer, assailing the liability of the insurer. The necessary facts of the case are, that on 6.8.1987, in the noon, the deceased Pannalal was travelling on his moped, on the road leading from Jodhpur to Mandore, when he reached near Krishi Mandi, he indicated to be intending to turn towards Krishi Mandi, and thereafter in the process of his crossing the road, the delinquent truck No. 7484 came, being driven rashly and negligently, and hit the deceased, who died on the spot. The truck was alleged to have been insured with the appellant in Appeal No. 738, hereafter referred to as the insurer.
(3.) THE insurer contested the claim by filing a written statement, pleading interalia, that the insurer learnt about accident only after receiving the notices of this claim petition, otherwise the insured did not inform the insurer, and thus there is breach of conditions of the policy. Then, in para -8 it was pleaded that the vehicle is insured with the insurer, but then on the date of accident, it was not insured, rather after happening of the accident the vehicle was got insured with the defendant, the premium has been deposited on 10.8.1987, while the amount should have been deposited within 24 hours, then only, the policy is deemed to be valid. With this it was pleaded, that the premium was deposited on 10.8.1987, while the accident occurred on 6.8.1987, which shows that the vehicle was not in the possession and control of the registered owner, nor the vehicle was being driven for the benefit of the insured, and after happening of the accident when it was learnt that the vehicle is not insured, then cover has been obtained in back date. Various other pleadings have been taken on merits.;