J KALAIVANI Vs. K SIVASHANKAR

JUDGEMENT

(1.) LEAVE granted.

(2.) THIS appears to be an unfortunate case where the dependents of a victim in a motor accident though succeeded in getting an award from Motor Accident Claims Tribunal in a sum of Rs.4.95 lakhs are disabled from collecting the amount from the insurance company. The tribunal directed the New India Assurance Company to pay the awarded sum but the insurance company wanted to disown the liability on the premise that at the time of the accident there was no policy of insurance covering the vehicle concerned. Hence, they filed an appeal before the High Court. The impugned judgment rendered by a division bench of the High Court exonerated the insurance company from,the liability under the award by holding that at the time when the accident took place, there was no policy of insurance for the vehicle.

(3.) THE question posed before us is whether the policy issued by the insurance company on 8.2.1996 can be regarded as renewal of the earlier policy.