S. RADHAKRISHNAN Vs. S. MANI

JUDGEMENT

(1.) All the three Civil Miscellaneous Appeals are arising out from the very same accident that took place on 09.06.2007. In the accident that had taken place on 09.06.2007, two persons, who were standing on the road, were hit by a M 80 two wheeler bearing Registration No. TN-02-B-3467. In the impact, one person died on the spot while the other person sustained multiple grievous injuries which led to amputation of his leg.

(2.) For the death of Chennammal, her legal heirs have filed MCOP No.2456 of 2007 claiming compensation of Rs.5 lakhs. For the injuries sustained in the accident, the claimant viz., S.Radhakrishnan has filed MCOP No.405 of 2008, claiming a compensation of Rs.15,00,000/. The Tribunal by a common order dated 23.02.2012 awarded a sum of Rs.4,88,000/- in MCOP No. 2456 of 2007 and Rs.9,76,000/- in MCOP No. 405 of 2008 and the compensation amount were directed to be paid by the Insurance Company.

(3.) Aggrieved by the same, Insurance Company has filed CMA Nos. 2153, 2154 of 2012, questioning their liability to pay compensation to the claimants inasmuch as the Insurance policy was not in force on the date of the accident. In effect, it is the specific contention of the Insurance Company that the accident had taken place on 09.06.2007, however, even on 18.04.2007, for non-payment of premium amount, the Policy was cancelled and it was also communicated to the owner on 24.04.2007. It is also contended that the Tribunal ought not to have relied on the decision of the Honourable Supreme Court in Swarn Singh case as it relates to a case where the Insurance policy was in force and valid, but the driver of the offending vehicle did not possess a valid driving licence. The Insurance Company also relied upon the Judgment in the case of United India Insurance Company limited Vs. Laxmamma and others, 2012 5 SCC 234 and the Judgment in Usha Aggarwal Vs. Parmod Kumar Gupta & others,2014 1 TNMAC 45 (Del.)