BRANCH MANAGER, UNITED INDIA INSURANCE CO. LTD. NOW REP. BY ITS DIVISIONAL MANAGER Vs. MANJUNATHA, KRISHNA N. AND SMT. SAVITRI

JUDGEMENT

(1.) ALL the three appeals are preferred by the insurer against the common judgment and award passed in MVC Nos. 62, 64, and 66/2007 on the file of the I Addl. District Judge and MACT, Chikmagalur dated 01.10.2008. All the three claim petitions were filed by the respective claimant alleging that in the accident which occurred on 08.01.2006 at about 5.45 PM near the estate of one Nagesh Gowda in Bettadamalalli when they were travelling in the jeep bearing Regn. No. KA -13/M -1756 on account of the rash driving of the same, the accident occurred and all of them sustained grievous injuries in the said accident.

(2.) THE tribunal while allowing their claim petitions by awarding a sum of Rs. 2000/ -, Rs. 3000/ - and Rs. 18000/ - with interest @ 9% p.a fastened the liability on the insurer of the vehicle to indemnify the owner of the vehicle so involved in the accident.

(3.) LEARNED counsel appearing for the appellant submitted that in the claim petition itself, the claimants in each case specifically stated at Col. No. 16 that the vehicle was covered with the policy bearing No. 248481/31/05/02/00010303 upto the period of 22.12.2005 and admittedly, the alleged accident occurred on 08.01.2006 in which event as on the date of accident, the said policy had expired. Further, it is submitted by the learned counsel for the appellant that at paragraph 16 of the impugned judgment while observing the plan taken by the insurance company that the vehicle was covered with the insurance policy from 19.01.2006 to 18.01.2007, the tribunal wrongly held that the insurance company has not proved that there was no insurance policy in existence as on 08.01.2006 and as such, he seeks exonerating the insurance company from indemnifying the owner of the vehicle.