UNITED INDIA INSURANCE CO. LTD. Vs. MURUGAMMAL

JUDGEMENT

(1.) (The case has been heard through video conference) The appeal under section 173 of the Motor Vehicle Act, 1988 is filed by the Insurance Company challenging the award passed by the Motor Accident Claims Tribunal, Coimbatore in M.C.O.P. 712 /2008, dated 06.11.2009.

(2.) On 21.05.2008 at about 8.30 hrs one Murugammal, a self employed agricultural worker was run over by the passenger bus bearing registration No. TN 37 Y 9007 near Ukkadam Fish Market, Coimbatore. She sustained fracture of her left foot, multiple abrasions and lacerations all over her body. First aid was given at Coimbatore Government College Hospital and later treated at Rex Ortho Hospital, Coimbatore. Alleging rash and negligence on the part of the bus driver, claim petition for Rs 2,00,000/- was filed against the bus driver, the owner of the vehicle and the insurance company.

(3.) The driver and the owner of the vehicle remained absent and set exparte. The insurance company contested the claim on the ground that at the time of accident, the vehicle was not insured under them. The insurance policy No. 170300/31/06/0000893 for a period from 29.03.2007 to 28.03.2008 for the vehicle TN 37 Y 9007 lapsed on 28.03.2008 midnight. At the time and date of the accident the vehicle had no insurance cover. Suppressing the factum of accident, after the accident on 21.05.2008 at 8.30 am, the vehicle owner had presented the insurance proposal along with a cheque for Rs. 29,801/- towards the premium. The cheque sent for collection returned with intimation memo "insufficient fund". Immediately the vehicle owner and the RTO of that region was informed about the cancellation of policy. Without supporting document for valid license of the driver and valid insurance coverage for the vehicle, the insurance company is not liable to pay any compensation. Further the quantum of claim was also disputed as excessive.