SUBBU Vs. P VEERAN

JUDGEMENT

(1.) The claimant is the Appellant herein. The appeal is filed against the award insofar as its dismissal against the second Respondent/Insurance Company.

(2.) The claimant/Appellant has filed the claim petition against the owner and insurer of the lorry, which hit against the Appellant in the course of accident at 9.30 a.m. on 27.05.1998 at Siruganur, in the course of which, the Petitioner sustained multiple injuries. The Tribunal though accepted the plea of the claimant regarding the date, time and place of the accident, involvement of the lorry, ownership and insurance of the vehicle, the manner of the accident, the nature of the injuries treatment undergone by her, the medical expenses incurred by her and the permanent disability suffered by her, directed the first Respondent/lorry owner to pay the compensation of Rs. 84,500/-and absolved the second Respondent/Insurance Company from its liability to indemnify the lorry owner on the ground that as on the date of the accident, the premium paid byway of cheque by the insured was dishonored and no premium was paid and no policy was in force on the date of the accident. Aggrieved against that portion of the award, thereby fixing the liability exclusively on the owner of the lorry, the claimant has come forward with this appeal.

(3.) The fact that the first Respondent insured the vehicle with the second Respondent and Ex.B1 policy was issued for the period between 27.04.1998 and 26.04.1999 and the premium for the policy was paid by the first Respondent by way of cheque for Rs. 3,144/-, dated 27.04.1998 and when the same was presented for collection on 21.05.1998, the same was dishonored on 22.05.1998 for want of sufficient funds and the same was intimated to the Regional Transport Officer on 08.06.1998 and the first Respondent, who duly received the intimation regarding the same on 12.06.1998 and the accident happened on 27.05.1998 are not seriously disputed.