NATIONAL INSURANCE CO., LTD Vs. G. PALANISAMY

JUDGEMENT

(1.) THE appellant / second respondent has preferred the present appeal against the judgment and decree dated 17.01.2006, made in M.C.O.P.No.107 of 2004, on the file of the Motor Accident Claims Tribunal, Principal Sub -Court, Gobichettipalayam.

(2.) THE short facts of the case are as follows: -

(3.) THE second respondent Insurance Company, in their counter affidavit, had submitted that the claimant should prove his age, income, occupation, nature of injuries sustained and medical expenses involved through documentary evidence. It was submitted that as the accident was caused by the welder of the lorry and not due to any rash and negligent driving of the driver of the lorry, the second respondent cannot be held liable to pay compensation. Further, it was submitted that as the accident had occurred at 05.00 a.m., on 30.04.2002 and that the insurance policy for the vehicle became operative only from the start of official duty time of the Insurance Company on 30.04.2002 and as such the vehicle was not covered under a valid policy of insurance at the time of accident.