Both parties file haziras. Today is fixed for passing order on the petition challenging the maintainability of this claim petition. Hd. Both sides on the point of maintainability, petition filed by OP No. 1 & 2

Admittedly, the complainants are legal heirs of deceased Kanai Kundu, the owner of Track No. WGP – 5153 involved in accident on 27.01.1993 at Islampur. Following the accident resulted in the death of one Binoti Singh, MAC case was filed by one Andharu Singh and other being No. 208/93 under section U/S 166 of MV Act. against this OP Insurance Co. as well as Legal heirs of Kanai Lal Kundu i.e. present petitioners who are owner of the offending vehicle WGP 5153.  The said MAC case was disposed of by Tribunal ld. 2^nd court at Raiganj ADJ on 30.08.14 fixing liability upon the owner of the offending vehicle. Ld. Judge disposed of the case on contest against the OP Insurer Company and ex parte against the registered owners with out cost. The Registered owners i.e the present petitioner were directed to pay compensation of Rs 1,50000/-  to be paid by equal shares to the claimant in that MAC case. The copy of the judgment dt. 30.08.14 was filed for perusal of this Forum.

Ld. Judge disposed of the MAC case with the finding that the owner of the vehicle failed to prove before the Tribunal that at the time of accident the offending

vehicle had valid Insurance coverage. The policy No 3151230319217 produced before the Tribunal in the name of Kanai Lal Kundu over the vehicle WGP 5153was valid for the period 22.03.93 to 21.03.94 while the accident in that MAC case occurred on 27.01.93 i.e. not with in the valid Insurance period.

The petitioner in this claim petition contended before this Forum that the vehicle in question met with the accident on 27.01.93 with in valid Insurance period. Therefore OP Insurance Company are liable to pay

compensation and not the owners i.e. the present petitioners. Again petitioners stated before the Forum that due to untimely death of Kani Lal Kundu petitioners were in distress and could not contact ld. Advocate properly to contest the Mac case diligently and failed to produce valid Insurance policy during the period of accident on 27.01.93. 

Before this Forum the petitioners filed another policy paper No . 3152120317725 in the name of Kanai Lal Kundu over the vehicle Track WGP 5153 valid  from 22.03.91 to 21.03.92 i.e. sometimes before the dt. Of motor accident which took place on 27.01.93. Therefore from the documents filed by the petitioner this Forum finds that the petitioners failed to show that the vehicle involved in the accident was under Insurance coverage on the date of said motor accident. After hearing both sides and on perusal of the documents filed by the parties the policy papers the judgment dt. 30.08.14 of MAC C 20893 etc this Forum finds that the petitioners are not entitled to get any relief against the OP Insurance Company for the said motor accident occurred on 27.01.93 and the case is not maintainable before this Forum.

Thus the complaint case be and the same is dismissed on maintainability ground.     

Copies of this order be supplied to the parties free of cost.