The insurance company is liable to pay the compensation amount as the accident occurred on the same day the premium was received and the policy covered the risk from the date of payment of premium.

Heard.

2. This appeal is directed against the judgment and award dated 01.06.2005 passed by the Additional District Judge-I, Jamshedpur in Compensation Case No.94 of 1998 whereby and whereunder, the learned court below has allowed the claim application of the applicants and awarded compensation of Rs.1,84,000/- with interest at the rate of 6% per annum from January, 2004 to the applicants.

3. The brief facts of the case is that on 23.09.1998, at about 12:30 p.m. when the deceased Durga Das Biswas was proceeding towards Kharkai Bridge on his scooter, the truck bearing registration no.BR 16G-0360 being driven rashly and negligently dashed the scooter of the deceased Durga Das Biswas. Due to the accident, Durga Das Biswas succumbed to the injuries he received in the said accident and died on the spot. The opposite party-respondent no.3-Kusum Devi is the owner of the vehicle and the vehicle was driven by respondent no.4. The offending vehicle was claimed to have been insured with the appellant-New India Assurance Company. The deceased was aged about 45 years at the time of the accident. His monthly income was Rs.8000/- as an agent of life insurance company and a teacher. The claimants made a claim of Rs.6,00,000/-. In the written statement, the appellant-Insurance Company has pleaded that the truck involved in the accident was insured with its company one day after the alleged accident and further it is submitted that the driver of the offending vehicle did not have any valid driving licence as such, the insured has breached the policy condition. The amount of compensation claimed by the applicants is highly exaggerated and inflated. Hence, it is submitted that the insurance company is not liable to pay the compensation amount.

4. On the basis of the pleadings of the rival parties the following issues were framed by the learned Tribunal:-

Whether the claim application is maintainable in the present form?

Whether the claimant has cause of action and right to sue?

Whether the alleged accident had taken place due to rash and negligent driving of the offending vehicle bearing registration no.BR 16G-0360 (Truck) by its driver namely Hiralal in which the husband of the applicant Durga Das Biswas died?

Whether the driver of the offending vehicle had valid driving licence at the time of accident?

Whether the offending vehicle was insured by the O.P. The New India Assurance Company Ltd. at the relevant period?

Whether the claimants are entitled to get the amount of compensation as claimed by the Insurance Company and to what extent?

5. In support of its case, the claimants have only examined herself as A.W.1. She has deposed about the accident of her husband Durga Das Biswas which took place on 23.09.1998 at about 12:30 p.m. while going on a scooter at Kharkai bridge. Her husband Durga Das Biswas was hit by a truck bearing registration no.BR 16G-0360 being rashly and negligently driven by the driver of the said truck. At the time of the accident, her husband was aged 45 years and was earning monthly income of Rs.8000/- as L.I.C. agent and a teacher. The opposite party no.2 was the driver of the vehicle and the opposite party no.1 was the owner of the said truck and the opposite party no.3 is the insurer of the said vehicle. In her cross-examination, she has stated that she herself has not seen the occurrence. Beside the oral testimony, the claimant has proved the certified copy of the F.I.R. which was marked as Ext.1, the certified copy of the charge-sheet has been marked as Ext.2 and certified copy of the order sheet dated 01.06.2004 in G.R. No. 1823 of 1998 which was marked as Ext.3. From the side of the opposite parties, two witnesses were examined; O.P.W.1-Ram Nath Ojha is an Assistant in the New India Assurance Company. He has proved the insurance policy certificate that was marked as Ext. A. In his cross-examination, he has stated that the insurance policy certificate was issued on the next day of depositing of money. The money was d