ORIENTAL INSURANCE CO LTD Vs. PORSELVI

JUDGEMENT

(1.) THE appeal is preferred by the appellant-Insurance Company against the award dated 13.07.2000, made in M.C.O.P. No.33 of 1998, by the Motor Accident Claims Tribunal (Principal Sub-Judge), Mayiladuthurai.

(2.) BACKGROUND facts in a nutshell are as follows: The injured Porselvi met with a motor vehicle accident on 28.05.1996, at about 03.00 p.m. When the injured was walking near the RTO Office at Mayiladuthurai, Ambassador car belonging to the second respondent and insured with the appellant-Insurance Company, came in a rash and negligent manner and hit against the injured. Due to which, the injured sustained fracture and grievous injuries all over her body. The injured claimed a compensation of Rs.80,000/-. The appellant-Insurance Company resisted the claim. On pleadings the Tribunal framed the following issues:-

(3.) HEARD the counsel. Before the Tribunal, the appellant Insurance Company marked Ex.R4-cover note. The cover note categorically states that the policy was valid only from 29.05.1996. The relevant portion thereof reads as follows: