D. AMIRTHALINGA NADAR Vs. K. SIVAKUMAR

JUDGEMENT

(1.) THE Claimant is the Appellant herein. The award of compensation of Rs.2,38,490/ - with interest at 7.5% per annum is made in his favour for the injuries sustained by the Claimant in the accident occurred at 5.00 p.m., on 18.1.2009 near the Saikaval Road diversion on Arumuganeri to Moolakarai Main Road due to rash and negligent driving of the vehicle owned by the First Respondent and insured with the Second Respondent/Insurer.

(2.) THE Tribunal has on the basis of the evidence let in, awarded compensation of Rs.2,38,450/ - under the following heads: <FRM>JUDGEMENT_5929_TLMAD0_2011.htm</FRM>

(3.) REGARDING the first aspect, it is sought to be contended that the Insurer has received cheque towards payment of premium for the Insurance Policy at its own risk as under relevant provisions of law, the prescribed mode of payment is only by way of cash and the insured and other authority concerned are not duly intimated about the cancellation of Insurance Policy and as the Insurer failed to prove due communication of cancellation of the Insurance Policy already issued, on receipt of cheque for payment of premium is deemed to be in force and the Insurer cannot be permitted to avoid the liability towards the insured in respect of third party risks and is hence liable to indemnify the third party risks.