IFFCO-TOKIO GENERAL INS. CO. LTD Vs. SIVARAJA

JUDGEMENT

(1.) The Insurance Company is the appellant herein challenging the award passed by the Chief Judicial Magistrate, Theni made in M.C.O.P.No.13 of 2018, on the ground of liability.

(2.) The first respondent herein filed the claim petition seeking compensation for the injury sustained in the above Road Traffic Accident on 21/8/2017 at about 5.15 p.m. The appellant/Insurance Company, the third respondent before the Tribunal, filed a written statement stating that Ex.R1-Insurance Policy for the offending vehicle TN 48A 7545 came into force only at 9.00 p.m., on 21/8/2017 at 5.15 p.m. In short, the premium for the policy itself is remitted after the accident and the commencement of the policy is only from 9.00 p.m. on 21/8/2017. Therefore, the appellant/Insurance Company is not liable to pay the compensation.

(3.) In support of the same, they have filed Ex.R1- policy copy which clearly supports their case. Besides Ex.X1-the Accident Register marked through R.W.1, staff from the Theni Government Medical College Hospital goes to show that the accident had taken place at 5.15 p.m., evening on 21/8/2017.Ex.P3 is the Motor Vehicle Inspector's Report marked through R.W.3 goes to show that the policy came into force only at 9.00 p.m. on that day.