Dhrub Narayan Upadhyay, J. - (1.) THIS appeal has been preferred by National Insurance Co. Ltd. against the judgment and award dated 14.02.2008 passed by learned District Judge 1st -cum -Motor Vehicle Claim Tribunal, Deoghar in connection with Motor Vehicle Claim Case No. 27 of 2004. The facts, in brief, are that deceased 2015 (XI) AIR Jhar R/31 Arvind Kumar Gupta, on 08.06.2004 in course of travelling in tempo bearing registration No. JH15B -0323 met with an accident due to rash and negligent driving of driver of the tempo and died at the spot due to injury caused.
(2.) THE appellant has assailed the impugned judgment on the ground that the offending vehicle was not registered according to Section 39 of the M.V. Act and no valid permit was issued in favour of said tempo as required under Section 66 of the M.V. Act. Since owner of the tempo has violated the terms and conditions of the policy, the insurance company could not be directed to indemnify the liability of the insured. Learned counsel appearing for the claimants -respondents has submitted that death of Arvind Kumar Gupta had occurred due to plying of motor vehicle on a public place and therefore, the dependents are liable to receive compensation. If there is any violations of terms and conditions between the insurer and the insured, appropriate order may be passed in that regard but the claimants should not be debarred from getting compensation in lieu of death of Arvind Kumar Gupta.
(3.) RESPONDENT No. 7 who happens to be owner of the vehicle did not appear even after valid service of notice which is apparent from the order dated 06.10.2009.;