NEW INDIA ASSURANCE CO LTD Vs. S SIVAPATHI

JUDGEMENT

(1.) In an accident which occurred on 19.1.2001, one G. Subramani died. His legal representatives claimed compensation of Rs. 10,00,000. The appellant insurance company disputed that the vehicle bearing registration No. TSG 6996 was not insured with them at the time of the accident. The owner of the vehicle, respondent No. 1, has remained ex parte before the Tribunal.

(2.) Wife of deceased examined herself as PW 1 and PW 2 is the eyewitness. Exh. PI dated 19.1.2001, certified copy of the F.I.R., Exh. P2 dated 20.1.2001, certified copy of MVI Report; Exh. P3, certified copy of the post-mortem certificate; and Exh. P4, certified copy of judgment in STC No. 1400 of 2001 of learned Judicial Magistrate No. 1, Cuddalore, were marked on the side of the claimants-respondent Nos. 1-7. No oral or documentary evidence was let in on behalf of the appellant. The Tribunal framed two issues:

(3.) Though the appellant insurance company has disputed that the vehicle was not insured at the time of accident, no specific issue has been framed by Tribunal regarding the liability of the insurance company to pay compensation. On evaluation of pleadings and evidence, the Tribunal held the driver of the vehicle owned by the respondent No. 8 in this appeal as responsible for the accident and consequently held the appellant insurance company as liable to pay compensation. Being aggrieved by the liability fastened on the appellant insurance company, without there being any adjudication as to whether insurance company is liable to pay compensation, in the absence of insurance particulars furnished by the claimants-respondent Nos. 1-7, the insurance company has preferred this appeal.