MANAGER UNITED INDIA INSURANCE COMPANY HINDUPUR Vs. SHEKAMMA

JUDGEMENT

(1.) insurer of a lorry bearing registration No. AAQ 4868 has filed this appeal questioning the judgment dated 31/03/1989 in M.V.O.P. No. 14 of 1988on the file of the Motor Accidents claims Tribunal (II Additional District Judge), Kurnool, where under a sum of Rs. 45,000.00 was awarded as compensation to the legal representatives of one Guntappa who died in a motor accident that look place on 25-11-1986.

(2.) The undisputed facts are: Respondents 1 to 4 herein are the legal representatives of the deceased who was working as a hamali in the lorry bearing registration No. AAQ4868. He died on 25-11-1986 in the accident that was caused by the said lorry. The accident occurred when the lorry went off the road and fell into ditch. The 5th respondent herein was the driver of the lorry. It was insured with the appellant under policy No., 50702/302/25/1/2948. Effective date of commencement of insurance was 8-5-1986 and the date of expiry was 7-5-1987. The lorry was plying on the strength of temporary permits issued from time to time, each for a period of four months. On the date of issuance of insurance policy, it had a temporary permit. Another temporary permit was given for the period from 15-7-1986 to 14-11-1986. But, on the date of accident i.e., 25-11-1986, it was plying without a permit, carrying seven passengers, excluding the driver. The appellant had issued insurance policy for the period beyond the validity of permit held by the owner of the lorry. As per the accident report of the Motor Vehicles Inspector Ex. A-5, the lorry had valid fitness certificate for the period from 16-5-1986 to 15-5-1987.

(3.) The appellant tried to avoid its liability mainly on the ground that the lorry was plied contrary to the terms of insurance policy. But, the claims Tribunal, having negatived its plea, partly allowed the petition and awarded a compensation of Rs. 45,000.00.