VENKATARAMANAPPA Vs. G SRINIVASA

JUDGEMENT

(1.) SRI A. M. Venkatesh and Sri M. S. Mandanna, learned Counsels are directed to take notice for respondents 9 and 11 respectively and permitted to file their vakalaths within two months.

(2.) THE petitioners in M. V. C. No. 984 of 1990 are awarded compensation for the death of one nagaraj. The Tribunal directed the owner to pay the compensation. The claim against the insurer is dismissed. The owner is in appeal. The note discloses that the policy was issued by the insurer and cover note on 10-4-1990 against the payment of cheque. The cheque was dishonoured on 16-4-1990. The insurer intimated the fact of dishonour and cancelled the policy. The insured had taken the fresh policy with effect from 30-4-1990, The accident occurred on 26-4-1990. The facts clearly disclose that the earlier cover note and the policy issued came to be cancelled for dishonour of the cheque. Therefore, the insured took a fresh policy subsequent to the accident.

(3.) THE contention of the appellant that the insurer should pay compensation is untenable. The rule of "pay and recover" can be invoked only by the victim-petitioners. The insured cannot invoke the rule since ultimately the liability on the insurer to reimburse the insured. In that view, the award passed against the appellant-owner is sound and proper and does not call for interference. The compensation awarded also sound and proper and does not call for interference. Accordingly, the appeal is dismissed. The amount in deposit to be transferred to the Tribunal for payment.