Case: S.M. Sharmila Vs. National Insurance Co.Ltd. &amp; Others

2. The appellant in all these appeals is an owner of a vehicle and her workmen had been injured in an accident while they were travelling in a vehicle owned by the appellant. As the concerned respondent workmen had suffered injuries in an accident arising out of and in the course of their employment on 3rd April, 1998, they had filed cases claiming compensation before the Commissioner for Workmens Compensation, Madurai.3. After hearing the concerned parties and upon perusal of the record, the Commissioner for Workmens Compensation, Madurai awarded compensation to the concerned workmen holding that the vehicle involved in the accident, which was owned by the appellant, was insured with respondent-National Insurance Company Ltd. at the time when the accident had taken place and, therefore, the Insurance Company was saddled with the liability to make payment of compensation to the respondent workmen.4. Being aggrieved by the compensation awarded by the Commissioner of Workmens Compensation to the respondent workmen, the Insurance Company had filed CMA Nos. 559-563 of 2003 and CMP Nos.4586-4590 of 2003 in the High Court of Judicature at Madras.5. After hearing the concerned parties, the High Court reversed the findings of the Commissioner for Workmens Compensation and came to a conclusion that the vehicle involved in the accident was not insured with National Insurance Company Ltd. on the date of the accident and, therefore, the Insurance Company was absolved from its liability to make payment of compensation to the respondent workmen and the present appellant, owner of the vehicle, was saddled with the liability of paying compensation to the respondent workmen.

Reasoning:
13. Whether the vehicle in question was insured at the time of accident i.e. on 3rd April, 1998 is a question of fact. After appreciating the evidence, the High Court came to the conclusion that the vehicle in question was not insured on 3rd April, 1998 and the vehicle in question had been insured for a period commencing from 3rd March, 1997 to 2nd March, 1998. The High Court has recorded sound reasons for coming to the said conclusion after carefully appreciating the evidence adduced before the Commissioner. Postage book of the Insurance Company shows that the insurance policy was dispatched on 25th March, 1997. This clearly denotes that the policy was taken prior to 25th March, 1997 and, therefore, the High Court rightly believed the version of the Insurance Company. This fact rules out the possibility of the vehicle being insured on 3rd April, 1998 as submitted on behalf of the respondent workmen and the appellant. Moreover, the cover note relied upon by the respondent workmen was not found to be genuine by the High Court. We are, therefore, in agreement with the view expressed by the High Court.