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2009 Supreme(Mad) 3072

N.KIRUBAKARAN
United India Insurance Company Limited – Appellant
Versus
N. Krishnamurthy & Others – Respondent


Advocates appeared:
For the Petitioner:S. Arun Kumar, Advocate.
For the Respondents:V. Lakshmi Narayanan, Advocate.

Judgment :-

The appeal has been preferred by the Insurance Company against the Award dated 25.08.1999, wherein a sum of Rs.50, 000/-was awarded to the first respondent for the injuries sustained by him in the accident that had occurred on 09.03.1988. The appellant insurance Company challenged the claim petition contending that there was no insurance coverage at the time of the accident. In Para-3 of the counter statement, the Insurance company stated that the previous insurance policy of the vehicle expired on 08.03.1988 itself and the subsequent insurance policy was issued on 09.03.1988 from 08.20 A.M. According to the insurance company, the accident took place on 09.03.1988 at 06.20 A.M. From 00.00AM on 09.03.1988 till 08.20AM 09.03.1988 there was no insurance coverage and hence, the company is not liable to pay the amount.

2. On behalf of the claimant before the Tribunal two witnesses P.W.1 & P.W.2 were examined and Exs.A.1 to Ex.A.3 were marked and on behalf of the Insurance Company/appellant one witness R.W1 was examined and Ex.B.1 and Ex.B.2-Policies were marked. On appreciation of facts and circumstances of the case and the evidence available, the Tribunal came to the conclus

























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