The burden of proof lies with the insurance company to establish the authenticity of the cover note and the insurance coverage at the time of the accident.

JUDGMENT :

Common Prayer: These Civil Miscellaneous Appeals are filed under Section 173 of Motor Vehicles Act, 1988, against the common award dated 17.02.2017, made in M.C.O.P. Nos.511, 510 & 509 of 2011, on the file of the II Additional District Court, (Motor Accident Claims Tribunal), Salem. (In C.M.A.No.2339/2019).

1. The matter is heard through "Video Conferencing". These appeals have been filed to set aside the common award dated 17.02.2017, made in M.C.O.P. Nos.511, 510 & 509 of 2011, on the file of the II Additional District Court, (Motor Accident Claims Tribunal), Salem.

2. All the appeals arise out of the same accident and common award. Hence, they are disposed of by this common judgment.

3. The appellant in all the appeals is the 2nd respondent-Insurance Company in M.C.O.P. Nos.511, 510 & 509 of 2011, on the file of the II Additional District Court, (Motor Accident Claims Tribunal), Salem. The 1st respondent in C.M.A.Nos.2339 and 2342 of 2019 filed M.C.O.P.Nos.511 & 510 of 2011, claiming a sum of Rs.5,00,000/- and Rs.5,00,000/- respectively as compensation for the injuries sustained by them in the accident that took place on 15.10.2010. The respondents 1 to 4 in C.M.A.No.2344 of 2019 filed M.C.O.P.No.509 of 2011, claiming a sum of Rs.15,00,000/- as compensation for the death of one Arun, who died in the accident that took place on 15.10.2010.

4. The parties are referred to as per their rank in M.C.O.P.No.509 of 2011, for the sake of convenience.

5. According to the claimants, on the date of accident, when the deceased Arun was riding Motorcycle bearing Registration No.TN-65-B- 4700 along with his wife and daughter who are the claimants 1 and 2 as pillion riders near Devangar Colony, Mettupatti Thathanur, in front of M.R. Petrol Bunk, the driver of a Scorpio Car bearing Registration No.TN-23-AC-3099 belonging to the 1st respondent, drove the same in a rash and negligent manner and hit against the Motorcycle driven by the deceased and caused the accident. In the accident, the deceased sustained fatal injuries. The accident occurred due to rash and negligent driving by driver of the Scorpio Car belonging to the 1st respondent and hence, filed M.C.O.P.No.509 of 2011 against the respondents who are the owner and insurer of the offending vehicle respectively. In the same accident, the claimants 1 and 2 also sustained severe injuries and hence, they separately filed claim petition in M.C.O.P.Nos.510 and 511 of 2011 respectively against the respondents as owner and insurer of the offending vehicle respectively.

6. The 1st respondent remained exparte before the Tribunal.

7. The 2nd respondent-Insurance Company filed separate counter statements in all the claim petitions and denied all the averments made in the claim petitions. The claimants have stated that the said Scorpio Car was insured with the 2nd respondent under cover note No.0981061 for the period from 09.10.2010 to 08.10.2011, whereas the cover note book bearing No.LUB 0060607 containing the said cover note No.0981061 was lost and a complaint was given to that effect before the Vellore North Crime Police Station on 22.10.2009 itself, for which CSR No.490/2009 was also issued. The Police after investigation, issued a certificate on 16.09.2011, stating that all efforts taken to trace the cover note book went in vain. Therefore, it is clear that the said cover note was lost almost one year before the alleged accident that took place on 15.10.2010. The alleged cover Note No.0981061 was not issued by the 2nd respondent to the Scorpio Car bearing Registration No.TN-23-AC-3099 for the period from 09.10.2010 to 08.10.2011 and the cover note mentioned in the petitions is not a genuine document. The 2nd respondent has not received any premium for the Scorpio Car and no policy was issued by the 2nd respondent. In any event, the accident occurred when the deceased rode the Motorcycle violating traffic rules by suddenly turning to his right to reach the petrol bunk and dashed against the