ORIENTAL INSURANCE COMPANY LTD. Vs. S. MARIYAL

JUDGEMENT

(1.) This appeal has been preferred by the Insurance Company, challenging the Award and decree of the District Court (Motor Accident Claims Tribunal), Tuticorin, dated 30.3.1995, made in M.C.O.P. No. 303 of 1992. In this appeal, the appellant has not challenged the finding of the Tribunal below that the accident was caused by the rash and negligent driving of the vehicle involved in the accident and also the quantum of compensation awarded by the Tribunal.

(2.) The only contention that has been raised by the appellant -Insurance Company is that it is not liable to pay the compensation as on the relevant date and time of the accident, the vehicle was not covered by the policy issued by the appellant -Insurance Company.

(3.) In the present case, the accident occurred on 30.11.1992 around 5:00 P.M. and the cyclist Samuel died on the spot. The claimants are his widow and son respectively. The vehicle involved in the accident is admittedly the van TN -74.1274, owned by the 3rd respondent in this appeal, who is the first defendant in the M.C.O.P.