Hrishikesh Banerji, J.@mdashThis appeal is directed against the judgment and award dated 28.11.1994 passed by the learned Judge, Motor Accidents Claims Tribunal, 1st court, Suri in the district of Birbhum.
2. On 12.1.92 around 12 noon the victim Bapi Das aged about 11 years met with an accident while crossing the road near Ishgara village, P.S. Khoyrasole, Birbhum. He was run over by a truck bearing registration No. WGD 1610. The victim died at the spot. Khoyrasole P.S. Case No. 2 of 1992 dated 12.1.1992 was started against the driver of the truck. On completion of investigation a charge-sheet was submitted against the accused driver under Sections 279/304-A of the Indian Penal Code.
3. The opposite party owner did not contest the claim petition but New India Assurance Co. Ltd. contested the claim filing a written objection alleging, inter alia, that the truck causing the accident was not covered by any policy of insurance on the date of the accident.
4. The Claims Tribunal on consideration of the material on record awarded a sum of Rs. 60,000 as compensation in favour of the claimant Maya Das, the mother of the victim and directed payment of a sum of Rs. 35,000 excluding a sum of Rs. 25,000 earlier paid on the principle of ''no fault'' liability, from the total compensation awarded u/s 166 of the Act.
5. Mr. Das, appearing for the insurance company brings to our notice that the offending vehicle, viz., the truck No. WGD 1610 was not covered under any policy of insurance and, therefore, the appellant insurance company is under no obligation to pay any part of the compensation awarded in favour of the claimant.
6. We find substance in the contention inasmuch as it appears from the policy of insurance that the offending vehicle was covered under a policy of insurance for the period from 31.8.1990 to 30.8.1991 but the accident took place on 12.1.1992 when there was no coverage of the vehicle under any policy of insurance.
7. Assistant Manager of the appellant insurance company by an affidavit has disclosed the document stating that the policy of insurance being No. 3152050701658 for a period of 12 months from 31.8.1990 to 30.8.1991 covering the use of vehicle No. WGD 1610 (the offending vehicle) was issued in favour of the owner of the vehicle and that the said policy of insurance was not renewed by the appellant insurance company after the expiry of the coverage period on 30.8.91. As there was no coverage of the vehicle on the date of the incident, the insurance company is not liable to pay any part of the awarded compensation to the claimant. Therefore, this appeal should be allowed and the judgment and award passed by the Tribunal are set aside.
8. We are, however, directing that the sum of Rs. 25,000 paid to the claimant on the principle of ''no fault'' liability shall not be recovered by the insurance company.
9. Since the vehicle was not covered under any insurance on the date of the accident, the Tribunal is directed to take appropriate steps for proceeding against the insured, Dhiren Guha, the owner of the offending vehicle for realisation of the balance amount of Rs. 35,000 with interest thereon at the rate of 9 per cent per annum from the date of filing of the claim petition till realisation. The insured, Dhiren Guha, is directed to deposit with the Tribunal the aforesaid sum in cash together with interest as mentioned above within one month from the communication of this order to the Tribunal. The Claims Tribunal shall disburse the said amount by an account payee cheque in favour of the claimant on proper identification.
10. The Registrar General is directed to communicate a copy of this order to the respondent No. 2, Dhiren Guha by registered post with acknowledgment due, immediately for necessary compliance.
A.K. Ganguly, J.
11. I agree.
