UNITED INDIA INSURANCE CO LTD Vs. K RAMACHANDRAN

JUDGEMENT

(1.) IN this appeal, United INdia INsurance Co. Ltd. assails the award dated 11.7.2000 in M.V.O.P. No. 544 of 1999 passed by Motor Accidents Claims Tribunal-cum-Third Additional District Judge, Chittoor. By the impugned award, the Tribunal awarded a sum of Rs. 75,000 while partly allowing the petition filed by the respondent No. 1 for compensation for the injuries he suffered in a motor accident.

(2.) THE accident occurred on 5.9.1999 when respondent No. 1 was travelling as a pillion rider on scooter bearing No. AP 03- C 6180. At that time, while he was going to new Vegetable Market, Tirupati, a car bearing No. AP 03-C 2727 came in wrong side and dashed against scooter. Respondent No. 1 sustained injuries all over the body and suffered fracture to both bones of right leg. Statedly aged 36 years, he was earning a sum of Rs. 3,000 per month working as attender in Social Welfare Department. He therefore filed the O.P. claiming Rs. 1,00,000 as compensation for the injuries. O.P. was opposed by insurer, inter alia, on the ground that policy of insurance in respect of car involved in the accident was up to 5.3.1998 and there was no insurance as on the date of accident. During the trial, injured examined himself as PW 1 and marked Exhs. A1 to A9 including Exh. A4, Accident Information Report ('accident report', for short) in Form No. 54 sent by Station House Officer, P.S. (Traffic) Tirupati. Exh. B1 policy was marked with consent.

(3.) THIS court has verified Exh. B1, the policy, which shows that it is valid up to midnight of 5.3.1998 and on the date of accident i.e., on 5.9.1999, vehicle is not insured with appellant. When the vehicle is not insured, insurer cannot be saddled with any liability. Therefore this civil miscellaneous appeal has to be allowed.