NEW INDIA ASSURANCE CO LTD Vs. A THAVASIAH

JUDGEMENT

(1.) The insurer has filed this appeal questioning the award passed in MCOP.No.82 of 2005 on the file of the Motor Accidents Claims Tribunal (1st Additional Sub Judge) Nagarkoil. The said claim petition was filed by one A.Thavasiah, the first respondent herein. He had suffered injuries while travelling in the vehicle belonging to the second respondent herein. The Tribunal passed an award for a sum of Rs. 4,28,966/- with interest.

(2.) The case of the insurer is that the vehicle in question did not have any comprehensive policy coverage. What was enjoyed by the vehicle in question was an act policy coverage. But, unfortunately for the insurer, the said policy document was not marked. Therefore, an application for adducing additional evidence was filed before this Court in CMP (MD)No.2 of 2007. After hearing the learned counsel on either side, this Court allowed the said application for adducing additional evidence by order dated 18.08.2017. The genuineness and authenticity of the additional document is not under challenge. Therefore, by consent of both parties, it was marked as Ex.B2, namely Policy No.31/720505/39634 dated 16.08.1999, in this appeal.

(3.) The learned counsel appearing for the first respondent placing reliance on the decision of the Hon'ble Supreme Court (Manura Khatun and Ors. Vs.Rajesh Kr.Singh and Ors, (2017) 1 TNMAC 289 (SC)), submitted that the insurer must be directed to pay the award amount in the first instance to the claimant and then recover the same from the vehicle owner.