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 vehicle involved in the accident was in fact covered by a policy of insurance issued by the same insurance company on 8.2.1995 which was to expire by the midnight of 7.2.1996. It was the ill luck of the claimants that the accident took place at 4.30 a. m. on 8.2.1996 which is only four and a half hours after the expiry of the erstwhile policy. On the succeeding day the owner of the vehicle went to the insurance company and got another policy issued in respect of the same vehicle, but which the company specifically indicated the time of commencement of the policy as 10 a. m. on 8.2.1995.