SHRIRAM GENRAL INSURANCE CO LTD. Vs. R. MAHESHWARI

JUDGEMENT

(1.) The Appellant, viz., Shriram General Insurance Co., Ltd., has preferred this appeal under Sec. 173 of the Motor Vehicles Act, 1988, aggrieved by the award of the Motor Accidents Claims Tribunal (Principal District Court, Cuddalore (hereinafter referred to as 'Claims Tribunal" for brevity)) in M.C.O.P No.1823 of 2011 fastening liability to indemnify the Fourth Respondent herein, who is the owner of the vehicle bearing Registration No. PY-01-J-2264 that had been involved in an accident at 1.40 p.m on 21/10/2010 in Bharathi Road at Cuddalore N.T, in which one Ravichandran died. The First to Third Respondents herein, who are wife, minor daughter and minor son respectively of the said Ravichandran were awarded compensation of Rs.28,43,785.00 with interest and cost.

(2.) In their claim petition before the Claims Tribunal, the First to Third Respondents had indicated in Column No. 16 that the Appellant was the Insurer of the vehicle belonging to the Fourth Respondent with Cover Note bearing No. 402264 and in support thereof, the First Respondent herein, who was examined as P.W.1, had produced a photocopy of the Cover Note bearing No. 402264 (Ex.P-3) purported to have been issued by the Appellant in the name of the Fourth Respondent and in her cross examination by the Counsel for the Appellant had stated that she had obtained the same from the police who had investigated the accident.

(3.) The Appellant in its counter filed before the Claims Tribunal had denied the issuance of any insurance policy for the vehicle bearing Registration No. PY-01-J-2264 to the Fourth Respondent and in the Additional Counter contended that the Fourth Respondent had not obtained Cover Note bearing No. 402264 for the vehicle bearing Registration No. PY-01-J-2264 for the period from 17/5/2010 to 16/5/2011 from the Appellant and it had been found on verification that the photocopy of the same produced by the First to Third Respondents was a fabricated one inasmuch as the Cover Note bearing No. 402264 dtd. 5/3/2010 had been issued to Saveetha Engineering College, Saveetha Nagar, Thandalam, Sriperumbudur for the vehicle bearing Registration No. TN-04-K-0483 and not to the Fourth Respondent. It has been further contended therein that the Appellant had by notice dtd. 19/10/2013 issued through his Advocate called upon the Fourth Respondent to produce the documents relating to the insurance coverage and to defend the claim before the Tribunal as the owner of the vehicle and though the Appellant had received postal acknowledgement for its delivery, there has not been any reply from the Fourth Respondent. It is also claimed therein that the Appellant had issued another notice dtd. 29/10/2013 as rejoinder to rectify the mistake in mentioning the vehicle number as TN-04-K-0486 instead of TN-04-K-0483 that had crept in the earlier notice which has also been served. In order to substantiate the said contentions, the Appellant had examined S.A.Ranjith, its Legal Manager as R.W.1 who was also cross examined by the counsel for the First to Third Respondents and through that witness, had produced the Cover Note Book (Ex.R-1) containing S.Nos. 402261 to 402270 from which it is noticed that Cover Note bearing No. 402264 had been issued to Saveetha Engineering College, Saveetha Nagar, Sriperumbudur for the vehicle bearing Registration No. TN-04-K-0486 covering the period from 5/3/2010 to 4/3/2011 and bears the endorsement as cancelled. That apart, the legal notices dtd. 19/10/2013 and 29/10/2013 issued by the Appellant to the Fourth Respondent with acknowledgment cards had been produced (Ex.R-2 to R-5).