ORIENTAL INSURANCE CO LTD Vs. SUNDER SINGH

JUDGEMENT

(1.) This appeal under section 173 of the Motor Vehicles Act is directed against the award of the Motor Accidents Claims Tribunal-II, Solan, in M.A.C.P. No. 35-S/2 of 1996 decided on 29.12.2000.

(2.) This appeal has been filed by the insurance company and the only point raised in the appeal is that the cover note was issued after the accident had taken place. According to the insurance company, the owner by misrepresenting the facts had obtained insurance policy after the accident had taken. The defence of the insurance company has been stated in preliminary objection Nos. 1 and 1-A of its reply which reads as follows:

(3.) To appreciate this contention of the insurance company, it would be apposite to refer to the statements of certain witnesses. Rakesh Kumar, RW 1, is the Secretary of the Employed Youth Forum Cooperative Transport Private Limited, Arki. He was the owner of the bus in question. According to him, bus No. HP 11-0555 owned by the society was previously insured with National Insurance Co. Ltd. which insurance expired on 7.10.1995. This witness states that on 8.10.1995 at about 7 in the morning, he had paid the premium to Geeta Ram, the Development Officer of Oriental Insurance Co. Ltd. Thereafter, the policy, Exh. RW 1A, was issued by the insurance company. He states that it was valid from 8.10.1995 to 7.10.1996. The accident in question admittedly had taken place at about 1 p.m. on 8.10.1995. The insurance company in cross-examination has suggested that the premium was paid at 3.15 p.m. and not at 7 a.m. The witness has denied this suggestion. The witness also denied the suggestion that the policy was effective only from 3.15 p.m. on 8.10.95.