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Madras High Court · body

2013 DIGILAW 4027 (MAD)

National Insurance v. Antonysamy

2013-11-27

S.VIMALA

body2013
JUDGMENT 1. The appeal is by the insurance company challenging the liability to pay compensation, on the ground that there was no valid policy of insurance at the time of accident, i.e. At 4.30 p.m. On 10.06.2002. The specific contention is that Ex.B-2 policy was issued on the date of accident at 4.50 p.m., i.e., twenty minutes after the accident and therefore, the insurance company cannot be made liable. 2. Perusal of Ex.B-2, the policy of the insurance reveals that in the column relating to the period of insurance, it is stated that the insurance is valid commencing from 11.19 a.m. on 10.06.2002 to 09.06.2003. Therefore, the commencement of the policy is from 11.19 a.m., and from 4.50 p.m. as contended by the insurance company. The contention of the insurance company is disproved by its own document. 3. Therefore, the Civil Miscellaneous Appeal has no merits and the same is dismissed. No costs. 4. The appellant / insurance company shall deposit the entire award amount along with interest and cost, as ordered by the Tribunal, if not already deposited. The claimants / respondents 1 and 2 are entitled to withdraw the entire award amount, less the amount already withdrawn if any. No costs. Consequently, connected M.P. is also dismissed.