UNITED INDIA INSURANCE CO. LTD. Vs. SIDHESHWARAN

JUDGEMENT

(1.) In a road accident that took place on 03.01.2009 at about 8.00 a.m., an ambulance bearing registration No. TN24 G 0091, under the service of the first respondent and insured with the appellant, dashed against the claimant while he was riding his motor cycle, due to which the rider of the bike suffered injuries. For the injuries he had suffered, the victim moved the Tribunal with a claim of Rs.7,00,000/- (Rupees seven lakhs only) and on evaluating the evidence, it passed an award for Rs.2,79,500/- (Rupees two lakhs seventy nine thousand and five hundred only) with a direction that both the owner and the insurer of the ambulance should pay the same with interest at 7.5% p.a. This award is now under challenge.

(2.) The learned counsel for the appellant argued that the ambulance in question that was insured with it did not have a fitness certificate as on the date of accident and consequently there was violation of one of the conditions of policy and therefore, the Tribunal ought to have applied the doctrine of pay and recovery in this case.

(3.) Per contra, the learned counsel for the claimant would argue that the insurance company has not pleaded any policy violation in its counter.