IFFCO TOKIO GENERAL INSURANCE CO. LTD. Vs. GOWRI

JUDGEMENT

(1.) The 2nd respondent in MCOP No.2244 of 2014 aggrieved by the award, dtd. 12/2/2020 granted by the Motor Accident Claims Tribunal, II Court of Small Causes, Chennai, is the appellant herein.

(2.) MCOP No.2244 of 2014 had been filed by the first fourth Respondents herein seeking compensation for the death of one Karthik, who was aged 24 years in a motor accident on 18/2/2014 at about 01.00 p.m., near Tada Satyavedu Main Road in front of Colgate Company, the husband of the first respondent / father of the second respondent and son of the third and fourth respondents. It was stated that he was riding a new unregistered motorcycle from his company to his house and at that time, a Tipper Lorry driven by the driver of the fifth respondent herein bearing Registration No.AP 31 TA 1567 in a rash and negligent manner had dashed against the motor cycle. The deceased sustained head injury and died on spot. The fifth respondent herein is the owner of the Tipper Lorry. The appellant herein is the Insurer of the said Tipper Lorry.

(3.) Before the Tribunal, the appellant herein had resisted the claim petition on the ground that there was no policy of Insurance nor contract of the Insurance between the fifth respondent and the appellant herein. It had been contended that the Policy was issued on 16/12/2013 and a cheque was issued by the fifth respondent on the same day. On 6/1/2014, the cheque was dishonoured on the ground of insufficient funds. On 6/1/2014 this fact was intimated by the appellant herein to the Insured / 5 th respondent. Further communication was also issued to the Road Transport office.