IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR 1

BEFORE

HON'BLE SMT. JUSTICE SUNITA YADAV

ON THE 1 st OF AUGUST, 2023

MISC. APPEAL No. 1077 of 2013

BETWEEN:-

RELIANCE GENERAL INSURANCE COMPANY LIMITED TH: MANAGER (LEGAL) 301-302 CORPORATE HOUSE 3 FLOOR 169 RNT MARG,OPP. JHABUA TOWAR,INDORE (MADHYA PRADESH)

.....APPELLANT

(BY MR. B.K. AGRAWAL - ADVOCATE)

AND

• 1. RAMBABU S/O SHRI HARI SINGH JATAV, AGED ABOUT 25 YEARS, OCCUPATION: LABOUR KHAJURI POST & TEH. RADHOGARH,GUNA (MADHYA PRADESH)
• 2. BALVINDAR SINGH S/O GURUDAYAL SINGH, AGED ABOUT 35 YEARS, OCCUPATION: DRIVER R/O 26 VILLA RINKA BHAGENDRA GRAM & POST POORANPUR,DISTT.PILIBHEET,HARYANA (UTTARANCHAL)
• 3. SHAMSHULHAK S/O MOHAMMAD HAK MUSALMAN OCCUPATION: TRUCK OWNER ,TH: THE NEW PUBLIC CARRIER ASSOCIATION SITARAGANJ,DISTT.UDHAMSIGH NAGAR,UTTARANCHAL, (UTTARANCHAL)

.....RESPONDENTS

(MR. RISHIKESH BOHARE - ADVOCATE FOR RESPONDENT NO. 1 - CLAIMANT)

This appeal coming on for orders this day, t h e court passed the

following:

JUDGMENT

Present miscellaneous appeal has been filed assailing the award dated

09.4.2013 passed by First Additional Motor Accident Claims Tribunal, Guna (M.P.) in Claim Case No. 61 of 2011, whereby claim application filed by respondent No. 1 / claimant - Rambabu, for the death of his daughter Bittu @ Chanchal aged 6 months in a road traffic accident occurred on 08.8.2009 involving Truck bearing registration No. UA06/H-7476, was allowed, compensation to the tune of Rs.1,00,000/- was awarded and appellant insurance company was directed to pay the compensation to the claimant.

Learned counsel for the appellant submits that the impugned award passed by learned claims tribunal is bad in law and deserves to be set aside. On the date of accident, insurance policy of the offending vehicle was not effective, therefore, learned claims tribunal has erred in holding insurance company liable to pay the compensation. Hence, prayed to set aside the impugned award.

O n the other hand, learned counsel for the claimant supported the impugned award so far as liability of the insurance company to pay the compensation is concerned and prayed for rejection of this appeal.

Heard learned counsel for the rival parties and perused the available record.

On perusal of insurance policy bearing No. 1905782334002082 of the offending truck, it is apparent that the aforesaid policy was effective from 10.8.2008 to 09.8.2009 and the accident occurred on 08.8.2009, therefore, the ground taken by the insurance company that it ought not to have been saddled as to pay the amount of compensation for the accident dated 08.8.2009 is not acceptable. Under these circumstances, learned claims tribunal has rightly held the insurance company liable to pay the compensation.

Consequently, the appeal fails and is hereby dismissed.

(SUNITA YADAV) JUDGE

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AKS