R. SURESH Vs. K. SARAVANAN

JUDGEMENT

(1.) The Appeal is filed by the claimant being aggrieved by the order of the Tribunal which has exonerated the insurance company for want of valid insurance coverage and fixed the liability on the owner of the vehicle which has caused the accident.

(2.) According to the claimant, it is contended that the offending vehicle was duly insurer with the 2 nd respondent/Insurance Company and therefore, the Tribunal ought not to have exonerated the Insurance Company but should have directed the insurance Company to pay the compensation instead of directing the claimant to recover the compensation from the vehicle owner.

(3.) The Learned Counsel for the appellant would specifically submit that the Insurance policy copy which was obtained through police and marked as Ex.P.15 would indicate that the offending vehicle bearing registration No.TN-30-F-4331 was duly insured with the 2 nd respondent/Insurance Company and proposal-cum-cover note for package policy commencing from period from 09.01.2008 00.00 hours was issued on collection of premium of Rs.733/- and therefore, overlooking the said cover note, the Tribunal has held that on the date of accident, the offending owner had no valid insurance coverage.