VALLIAMMAL Vs. SIVAKUMAR AND ANOTHER

JUDGEMENT

(1.) According to the appellant, in accident, occurred on 11-5-2005, when she was walking on the SVR Road, an Autorickshaw, bearing Registration No. TN 09 5799, driven in a rash and negligent manner, dashed against her, causing injuries. For the pecuniary and non-pecuniary losses, by impleading the owner of the said autorickshaw and its insurer, she has preferred a claim in M.C.O.P. No. 1225 of 2007, on the file of the Motor Accident Claims Tribunal (Additional District and Sessions Judge, Fast Track Court-IV), Chennai.

(2.) The 2nd respondents-Insurance Company, denied negligence, attributed against the Autorickshaw driver. They also submitted that on the date of accident, the Autorickshaw was not insured. It is the further contention that due to the dishonour of cheque, the policy issued earlier, was cancelled and that a communication was also given to the owner of the vehicle, 1st respondent in the claim petition. In sum and substance, the 2nd respondent-Insurance Company submitted that as the premium amount for the policy was not received, the company is not liable to pay compensation.

(3.) Before the Claims Tribunal, the appellant examined herself as PW. 1 and reiterated the manner of accident. PW. 2 is the Doctor, who examined the appellant/claimant, with reference to the medical records. Ex. PI-FIR, Ex. P2-Discharge Summary, Ex. P30 Disability Certificate and Ex. P4-X-Rays, have been marked. RW.1 is the Administrative Officer of the company. Ex. R1-Notice Form to the owner and Ex. R2-Postal Acknowledgment Card, have been marked on the side of the 2nd respondent-Insurance Company.