- (1.) This appeal filed by the appellant-Oriental Insurance Company is directed against the judgment and award dated 2nd July, 2004 passed by the Claims Tribunal, Latehar in M.V. Claim Case No. 016 of 1998 awarding a sum of Rs. 1,50,000 to the claimants.
(2.) It appears that the truck loaded with bauxite mineral stone was being driven rashly from Lohardaga sides and on main road in Chandwa Bazar, the truck damaged a number of shops and even assaulted the by-passers and lastly the said truck entered into the tailoring house of the applicants, where the deceased was present, was badly dashed by the truck, as a result of which he sustained fatal injuries and succumbed to injury. The appellant appeared in the said claim case and filed written statement taking various defence but the insurance of the truck was not denied or disputed by the Company. Not only that a separate application was also filed under Section 170 of the M.V. Act seeking leave to contest on behalf of the owner of the vehicle also. The Claims Tribunal by passing the impugned judgment awarded a sum of Rs. 1,50,000.
(3.) In the instant appeal, the appellant annexing copy of the letter has taken point that insurance of the truck was cancelled for non-payment of premium inasmuch as the cheque in respect of premium amount was dishonoured.;