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1996 Supreme(Cal) 309

S.K.TIWARI, SATYABRATA SINHA
V. Ravi – Appellant
Versus
New India Assurance Company Ltd. – Respondent


Advocates Appeared:
N. N. Nag, for Appellant; D. R. Parekh, (for No. 1 ) and C. S. Chauhan (for Nos. 2 and 3), for Respondents.

Judgement

SATYABRATA SINHA, J.:- This appeal is directed against an award dated 14-81995 passed by the Motor Accident Claims Tribunal in MACT Case No. 5 of (sic) whereby and whereunder the said learned tribunal awarded a sum of Rs. 14,000/- in favour of the claimants in respect of an accident which took place in between 6 p.m. and 7 p.m. on 18-2-1992, but held the owner of the vehicle liable therefor.

2. This appeal living been filed by the owner and involving a question as to whether the appellant or the respondent No. 1 (insurer) was liable to pay the aforementioned awarded amount, we are not concerned with the fact of the matter, suffice it to say that admittedly the appellant is the owner of a truck bearing registration No. AN 5101. The said truck met with an accident in between 6 p.m. and 7 p.m. on 18-2-1992, as a result whereof a little girl was ran over and the house belonging to the claimant was damaged According to the appellant, earlier insurance in respect of the vehicle in question expired on 16th or 17th Feb. 1992, and he entered into a contract of insurance with the respondent No. 1 at 10 a.m. on 18-2-1992. In its written statement the respondent No. 1 (opposite party N









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