M.Y.Eqbal, D.P.Singh, JJ. - (1.) Heard Mr. B. Chatterjee, learned counsel appearing for appellant National Insurance Co. Ltd. and Mr. D.C. Ghose, learned counsel appearing for New India Assurance Co. Ltd., respondent No. 2.
(2.) This appeal at the instance of the appellant National Insurance Co. Ltd. is directed against the judgment and award dated 17.1.2003 passed by the Motor Accidents Claims Tribunal, Ranchi, whereby the Tribunal held both the insurance companies liable for payment of compensation.
(3.) Before deciding the issue, we would like to narrate some of the relevant facts which are necessary for the purpose of deciding this appeal. The vehicle in question is a Maruti van which was owned and possessed by Jai Durga Transport Company. The said owner Jai Durga Transport Company got the vehicle insured with the appellant National Insurance Co. Ltd. and the policy of insurance was issued for the period 10.9.1995 to 9.9.1996. The previous owner Jai Durga Transport Company transferred the ownership of the vehicle in favour of Sahu Gun House, the respondent No. 1, on 6.4.1996. The subsequent owner, namely, Sahu Gun House, got the vehicle insured afresh on 26.4.1996 with the respondent New India Assurance Co. Ltd. and a policy of insurance was issued by the said New India Assurance Co. Ltd. On 28.4.1996, the accident took place and by reason of that, the deceased succumbed to the injuries. The claimants filed a claim application before the Motor Accidents Claims Tribunal for the grant of compensation and in that compensation case, both the insurance companies were impleaded as party-respondents. On the application filed by the claimants under section 140 of the Motor Vehicles Act, 1988, the Tribunal awarded interim compensation by order dated 16.7.1997 and directed the respondent New India Assurance Co. Ltd. for payment with whom the vehicle was insured after transfer in favour of the owner Sahu Gun House. Thereafter, an application was filed before the Tribunal by the present appellant National Insurance Co. Ltd. for deletion of its name from the claim application on the ground that after transfer of the vehicle, a fresh insurance policy was obtained by the transferee owner of the vehicle from New India Assurance Co. Ltd. before the accident took place. The Tribunal by order dated 1.9.1999 allowed the application. Be that as it may, the claim application was finally heard and Tribunal while deciding the question of liability, held that since on the date of accident the vehicle was insured with both insurance companies, they are jointly and severally liable to pay the compensation.;