MUTHAMMAL Vs. T.SORNALATHA

JUDGEMENT

(1.) (The case has been heard through video conference) Heard the Learned Counsel for the Appellant and the Learned Counsel for the Respondent No.2

(2.) This Appeal is filed by the claimants for enhancement of compensation. The son of the claimants/respondent met with an accident, on 02.06.2013, while he was riding a Hero Honda Splendor Motor Cycle bearing Registration No.TN-22-CB-3821. The accident occurred while, he was proceeding in his two wheeler towards Kundrathur to Kovur Road, near Kovur Preethi Thirumana Mandapam, when a Mahendra Car bearing Registration No.TN-46-F7989 came in the opposite direction, rash and negligently hit the motorcycle. The rider of the motorcycle sustained multiple grievous injury with fracture. He was admitted in the Government Hospital for treatment, in spite of treatment, he died. Hence, the mother of the deceased has filed claim petition seeking Rs.15,00,000/- as compensation from the owner of the vehicle and the insurer of the vehicle.

(3.) In the counter, the Insurance Company contended that on the date of accident, the vehicle was not under their insurance coverage. The Insurance Policy issued for the period from 03.05.2013 to 02.05.2014 in respect of the offending vehicle bearing Registration No.TN-46-F-7989 was later cancelled since the cheque issued towards premium was dishonoured for insufficient fund. The Cancellation was intimated to the insured/1st respondent as well as the Regional Transport Office, Trichy, well before the accident. Hence, the Insurance Company cannot be fastened with liability. Further, it was contended that the accident occurred due to the negligence of the victim and he has contributed for the accident.