UNITED INDIA INSURANCE COMPANY LIMITED NAMAKKAL Vs. VEERAMMAL

JUDGEMENT

(1.) APPELLANTM/s. United India Insurance Company Limited, Namakkal, was the second respondent in M.C.O.P. No. 14 of 1984 on the file of the Motor Accident Claims Tribunal (Sub Judge), Namakkal. Respondents 1 to 3 are the wife and children of deceased Perumal, who died in a motor accident, that took place at 6.30 a.m. On 7.11.1983 near Velayapatti on the Namakkal- Trichengode Road. Deceased Perumal was proceeding on the north of the road, from west to east, on a cycle. He was knocked down and run over by the bus bearing registration No.TNY 9889, belonging to the 4th respondent. Deceased Perumal was aged about 39 years and he was employed as a wholesale fruit merchant, in Nilgiri District, earning a sum of Rs. 1,200 per month. A claim was made for Rs.1,00,000. However, the tribunal ordered a compensation of Rs.61,500, and fixed the total liability on the appellant.

(2.) MR.K.S. Narasimhan, learned counsel appearing on behalf of the appellant, does not challenge the finding of negligence or the quantum of compensation awarded. His only challenge was regarding the liablility of the Insurance Company (appellant) to pay the compensation awarded. The argument placed before the tribunal was that the accident had taken place at 6.30 a.m. on 7.11.1983, while the insurance policy came into effect at 10.30 a.m. on the same day. This contention was rejected by the tribunal, holding that the insurance company will be liable for the loss caused on 7.11.1983, which was covered by the Insurance policy.