Ashim Kumar Banerjee, J.

1. One Suresh Chandra Lakhotia residing at 1/A, Love Lock Place, Calcutta was returning from North Bengal in a Maruti van bearing No. WB 74-4409 on 29.5.2000 along with one of his friends. The vehicle dashed a truck that was standing on the road having registration No. WB 23-2354. The truck was insured with New India Assurance Co. Ltd. whereas Maruti van was also insured with New India Assurance Co. Ltd. However, such insurance was taken for the period 14.7.2000 to 13.7.2001. As noted above, the accident occurred much prior to the start date of the policy of insurance. The claimants claimed that the truck was parked on the road without any indicator. The backlight was not on. Hence, the said truck was responsible for the accident and the insurance company was liable to pay compensation. The insurance company denied the claim on the ground that the truck was standing hence, the insurance company was not liable. The accident was caused due to rash and negligent driving of Maruti van. The insurance company denied the fact that Maruti van was having valid insurance as on the date of accident.

The police initiated a case against the two vehicles including