BRANCH MANGER NATIONAL INSURANCE CO LTD Vs. HAMZA

JUDGEMENT

(1.) IN this appeal the Insurance Company is challenging the liability saddled on it. The claimant-first respondent-Hamza sustained certain injuries in a road traffic accident on 4. 8. 1997, while driving an autorickshaw bearing No. CTX 9512, under the employment of second respondent. He presented a claim petition before the Commissioner claiming compensation under the provisions of Workmens Compensation Act.

(2.) THE appellant-Insurance Company, on the ground that the details of the policy were furnished in the claim petition expressed its difficulty to admit its liability. It was also contended that the claimant did not possess a valid driving licence to drive the vehicle on the date of accident. However, during the course of evidence; the policy was produced by the claimant and marked as Ex. P4. As per the terms and conditions of the policy, the policy had come in to force from 5. 8. 1997 and was valid up to 4. 8. 1998. The second respondent/employer by paying premium on 4. 8. 1997 had obtained the policy on the same day. As per terms and conditions of Ex. P4, the policy would come into effect from 5. 8. 1997 and not from the date of payment of premium and issuance of policy. The Commissioner awarded a sum of Rs. 76,245/- as compensation fixing the liability on the Insurance Company on the ground that the company had received the payment on 4. 8. 1997. The said order is now challenged in this appeal contending that the Insurance Company is not liable to satisfy the award.

(3.) LEARNED Counsel for the appellant relying upon the judgment of the Supreme Court in J. KALAIVANI AND OTHERS VS. K. SHIVASHANKAR AND ANOTHER, reported in 2002 ACJ-613, contends that the appellant-insurance company is not liable to pay the compensation as the policy was not in force on the date of the accident.