SRINIVASAN Vs. SELVARANJAN

JUDGEMENT

(1.) In the accident, which occurred on 14.02.2000, the appellant sustained injuries. He claimed compensation of Rs.5,00,000/-. Owner of the offending vehicle, viz., Tractor bearing Regn.No.TCO6630 insured with the 2nd respondent M/s. United India Insurance Company Limited, contested the claim petition and opposed the claim for compensation. So also the insurer.

(2.) The accident has occurred on 14.02.2000 at 11.00pm. Opposing liability and based on Ex.P1, dated 04.02.2000 copy of the policy, the insurance company contended that at the time of accident i.e., at 11.00 pm on 14.02.2000, there was no contract of insurance. Premium was paid only on 14.02.2000 in the evening and after considering the particulars, contract of insurance ie. Ex.P1, was issued only on 15.02.2000. The accident has occurred on 14.02.2000 FN, but the policy has commenced only from 15.02.2000. On the above facts, the Insurance company, contended that liability cannot be fastened on them.

(3.) Considering the defence put up by the Company and placing reliance on the decision of this Court in M/s.United India Insurance Co. Ltd., Salem Vs. Anandavelu & Others, reported in 2000 (3) CTC 212, the claims tribunal has exonerated the insurance company from payment of compensation. However, directed the insured to pay a sum of Rs.77,000/- determined as compensation.