Insurer not liable for claims when policy not in effect during accident period.

JUDGMENT

This appeal is filed by the appellant/3rd respondent in O.P (MV)

No.1236 of 2011 on the file of the Principal Motor Accidents Claims Tribunal, Vatakara, challenging their liability to pay the award amount passed by the tribunal. The respondents herein were the respondents 1 and 2 and the claimant before the tribunal.

2. The brief facts of the case is as follows :-

On 28.11.2009 at about 05.30 pm, while the claimant was riding on a motorcycle, another motorcycle ridden by the 2^nd respondent bearing registration No.KL-18A-8467 in a rash and negligent manner hit on the motorcycle ridden by the claimant. As a result of the accident, he had sustained serious injuries. The claimant approached the tribunal claiming a total compensation of ₹1,77,500/- limited to ₹1,50,000/-.

3. The first respondent/owner and the second respondent/rider of the offending vehicle filed a written statement contending that at the crucial time of the accident the vehicle was insured with the 3^rd respondent. The 3^rd respondent/insurer filed a written statement admitting the policy but disputing the quantum of compensation claimed. It is further contended that the claimant has contributed much to the accident hence the accident took place. Before the tribunal, Exts.A1 to A7 were marked. The tribunal, after analysing the pleadings and materials on record, awarded a sum of ₹35,224/- with interest at the rate of 7.5% per annum as compensation under various heads against the 3^rd respondent/insurer. Challenging the liability to pay the compensation awarded, the third respondent insurer has come up in appeal.

4. Heard the learned standing counsel for the appellant/insurance company. Though the third respondent entered the appearance, there was no representation before this court.

5. The learned Standing Counsel appearing for the insurance company submitted that the vehicle bearing Registration No. KL-18A- 8467, which was the offending vehicle ridden by the 2nd respondent, did not have a valid insurance policy at the time of the accident. The accident occurred on 28.11.2009. It was further submitted that a specific contention had been raised in the written statement stating that the policy issued in respect of the said vehicle was valid only for the period from 28.01.2008 to 27.01.2009, and therefore there was no valid policy coverage on the date of the accident. The learned standing counsel further contended that, despite this specific plea, the tribunal erroneously found that the insurer had admitted that the offending vehicle was insured with them and consequently directed the insurance company to pay the award amount.

6. I have considered the contention raised by the learned standing counsel appearing for the insurance company. On a perusal of the Trial Court Records, on verification of the written statement filed by the insurance company, paragraph 3 of the written statement reads as follows :-

“The Motor Cycle bearing No.KL-18-A-8467 was insured with this respondent in the name of the 1^st respondent from 28.01.2008 to 27.01.2009. As per the police record and as well as the petition, the alleged accident occurred on 28.11.2009, which shows that accident occurred subsequent to the policy coverage and as such this respondent has no contractual liability to compensate the pertinent for the alleged injuries taken place, at the time of non-existence of the policy.”

7. Along with the written statement, a certified true copy of the policy was also produced. On a perusal of the policy, it is evident that the policy was valid only for the period from 28.01.2008 to 27.01.2009. No valid policy covering the offending vehicle was produced either by the owner or by the claimant, whereas the accident occurred on 28.11.2009. Therefo