NATIONAL INSURANCE COMPANY LTD Vs. MANGALAKSHMI

JUDGEMENT

(1.) THE allegations in the claim petition filed by the Claimant/first respondent herein, in brief, are as follows:1 (i) On 31.7.1996, at about 11.45 p.m. while the claimant was travelling as a passenger in Auto bearing Registration No.TMI 1553 along Sardar Patel Road, Chennai, near Kasthuri Bai Nagar 3rd Cross Street, the driver drove the Auto in a rash and negligent manner, suddenly turned towards south and hence the auto capsized. In the accident the claimant received serious injuries including fractures. She was inpatient in the Government Hospital for 12 days. She was working as Construction Assistant (chithal) and so earning a sum of Rs.100/- per day. She was aged 35 years at the time of accident. After the accident, she could not pursue the avocation. A sum of Rs.1,25,000/- is claimed as compensation.

(2.) THE averments found in the counter of the second respondent/Appellant are concisely as under:2(i) THE first respondent was not having valid insurance for the auto at the time of accident. THE validity of the policy was from 1.8.1996 to 31.7.1997. But the accident took place on 31.7.1996. Hence, the second respondent is not liable to pay any compensation. It is incorrect to state that the accident took place due to the negligence on the part of the Auto Driver. THE age, occupation and income of the claimant as stated in the claim petition are denied. THE claim is fanciful and excessive. Hence the petition may be dismissed.

(3.) EX.R.4 is Insurance Policy, in which it is stated that the policy was in force from 9.00 a.m. of 1.8.1996 to the mid night of 31.7.1997. It is the definite case of the appellant that inasmuch as the Cover Note and Policy came to existence on 1.8.1996 alone, enabling the insurance to take effect from 9.00 a.m. onwards, it is not correct to state that the contract was concluded on the previous day making the Insurance Company liable, which finding is not sustainable.