Insurance liability issues in motor accidents should be assessed accurately to ensure claimants receive timely compensation, irrespective of disputes between insurers.

JUDGMENT :

PRAVIN S. PATIL, J.

1. The present appeal is filed by the New India Assurance Company Limited alleging that the learned Tribunal has failed to assess the evidence as well as the record made available by the parties and, thereby, wrongly held Appellant-Insurance Company responsible to pay the compensation amount to the legal heirs of the deceased. Hence, the present appeal is preferred to challenge the judgment and order dated 18.12.2007 in Motor Accident Claims Petition No.70/1997 decided by the Motor Accident Claims Tribunal, Chandrapur.

2. The facts, in brief, are as under :

In the present matter the accident took place on 7.10.1996 on Ballarpur-Allapalli road. At the time of accident, deceased was driving Luna bearing No.MAH-1189 and one Baburao Salve was the pillion rider on that Luna. It is alleged that the offending truck bearing registration no.MWY-2454 came from opposite direction in a rash and negligent manner in high speed and dashed to the Luna. Due to the impact, the deceased and pillion rider of the Luna fell down and got injured. In the said accident, the deceased died on the spot while the pillion rider Baburao Salve was taken to the General Hospital, Chandrapur, where he succumbed to the injuries on 28.10.1996.

3. In the background of above, the claimant had filed the Claim Petition before the Claim Tribunal. In their application which was filed before the Claim Tribunal, it is stated that the vehicle involved in the accident was truck bearing no.MWY- 2454. The owner of the truck was stated to be Satish Wamanrao Dadgal as well as Vikhar Ahemad Khan s/o Bashir Ahmad Khan. It was stated that the truck was insured with New India Assurance Company Limited and having the valid policy from the period 2.1.1996 to 1.1.1997. As such, on the basis of this details of offending vehicle, the claim petition was filed. In claim petition, addition to the driver, owner and insurance company as stated in application, it is seen that one Sukhrajsingh s/o Capt. Mohindersingh and National Insurance Company Limited was also impleaded in the array of the respondents without disclosing any material against them in their claim petition.

4. In response to the notice issued by the Tribunal, the alleged owner of the vehicle as per claimants namely, Satish s/o Wamanrao Dadgal has filed his written statement on 24.4.2001. In his written statement particularly in paras 2 and 7 stated as under :

2. The driving of Luna with two passengers thereon is against the rules. It is denied that truck No.MWY- 2454 was involved in the accident. It is denied that the Non-applicant No.1 was the owner and insured and that this non-applicant No.3 was the insurer of the vehicle at the relevant time since the policy which was issued in favour of Mr. Sukhrajsingh s/o Capt. Mohindarsingh stood cancelled as the cheque for transfer of vehicle has returned unpaid by their bankers and that the cancellation was informed by the insurance company dated 14-2-96 vide its letter No.92170.

7. The Non-applicant No. 1 had entered into an agreement to sell the vehicle i.e. truck No.MWY- 2454 to one Riyajkhan Ahemadkhan, r/o Vidya Nagar, Ward, Ballarpur, Tah. Ballarpur, Distt. Chandrapur. The agreement to that effect was accordingly entered into between Non-applicant No.1 on one hand and said Riyajkhan on the other on 7-3-95. As per said agreement, the vehicle was accordingly given in possession of said Riyajalikhan in view of receipt of part payment of Rs.1,00,000/-. The Non-applicant No.1 had received the balance payment of Rs.1,25,000/- on 30-6-95 and sale wa