VADUGUCHETTY Vs. S P MUNUSAMY

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed against the award dated 30.4.2004 made in MCOP.No.222/2002 by the learned Chief Judicial Magistrate I (MACT) Krishnagiri, granting an award of Rs.56,000/- together with interest 9% p.a. as against the 1st Respondent/Owner and negativing the claim as against the 2nd Respondent/Insurance Company.

(2.) On 24.8.2001, at about 09.00 hours, when the Appellant/ claimant was proceeding in his bicycle in Dharmapuri to Salem NH Road and while coming opposite to Sri Ram Boarding Lodge, the lorry bearing Reg.No.TN-29-A-2300 belonging to the 1st Respondent dashed against the claimant due to which he fell down from the cycle and sustained grievous injuries. Immediately, he had been taken to the Government Hospital, Dharmapuri and was treated as an inpatient. He sustained fracture and suffered disability and therefore, he claimed a sum of Rs.3,00,000/- as compensation.

(3.) The 2nd Respondent Insurance Company resisted the claim by filing a counter contending that the lorry was not duly insured with the 2nd Respondent at the time of the accident, as the premium paid by the 1st Respondent by way of cheque was dishonoured. Hence, the policy insured for the period from 21.8.2001 to 20.8.2002 was cancelled from the inception of the policy. The 1st Respondent obtained subsequent policy commencing from 28.8.2001 for one year. Therefore, at the time of the accident i.e. on 24.8.2001, there was no privity of contract between the 1st Respondent/owner and the 2nd Respondent/Insurance Company and the 2nd Respondent is not liable to indemnify the 1st Respondent. The Insurance Company also disputed the age and income of the claimant and prayed for dismissal of the claim petition as against the 2nd Respondent. The 1st Respondent/owner remained exparte before the Tribunal.