K DURGA GOUD Vs. PERUMANDLA SUMITHRA

JUDGEMENT

(1.) Aggrieved by award dated 27.04.2006 passed by the Motor Accidents Claims Tribunal-cum-III Additional District Judge (Fast Track Court), Medak, this appeal is filed by owner of the accident vehicle contending that the insurance company/5th Respondent is liable to indemnify him in terms of Ex.B-3 copy of insurance policy.

(2.) There is no dispute about factum of road accident which took place on 07.10.1998 at about 10.30 A.M in which the deceased Perumandla Sudershanam @ Darshan riding a cycle was hit by tractor and trailer bearing No. APB 2463 and 2464 in opposite direction in rash and negligent manner and about the tractor and trailer running over his body causing his instantaneous death. Having regard to Ex.A-1 F.I.R, Ex.A-2 inquest panchanama, Ex.A-5 Motor Vehicle Inspector's report and Ex.A-3 charge sheet and also evidence of P.W-2 who is an eye witness to the occurrence, the lower Tribunal rightly found that driver of the accident tractor and trailer was responsible in this accident due to his rash and negligent driving of the same. The Respondents 1 to 4 who are wife, minor sons and mother of the deceased are dependant claimants herein for death of the deceased.

(3.) The lower Tribunal awarded total compensation of Rs. 2,37,000/- to the claimants as against the Appellant who is owner of the accident tractor and trailer. The lower Tribunal found that since Ex.B-4 was obtained subsequent to the accident taking place, the insurance company is not liable to indemnify the Appellant/insured. It is contended by the Appellant's counsel that in the absence of mentioning of time of taking the insurance policy in the policy, the policy is operative in law from the previous midnight onwards and that therefore, the insurance company cannot avoid its liability.