Ch. Kamalu Vs M. Soma

Heard Mr. P.K. Mishra, learned counsel for the claimants, Mr. G.P. Jena, learned counsel for the owner and Mr. G.P. Dutta, learned counsel for the insurer.

¶25

Both the appeals being connected to same accident dated 14^th June, 2012 causing death of the driver and the helper of the TractorTrolley bearing registration number OR-07-W-9856 and OR-07-W9857 are heard together and disposed of by this common order.

¶26

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¶27

The Commissioner in the common impugned award dated 27^th December, 2019 passed in E.C. Case No.37 and 38 of 2012 granted compensation of Rs.3,87,127 and Rs.6,54,806 (including interest) respectively in favour of respective claimants.

¶28

The Commissioner while granting such compensation has fixed the liability on the owner.

¶29

The claimants have come in present appeals for shifting the liability on the insurer, instead of the owner, for having a valid insurance policy on the date of accident in respect of the TractorTrolley in question. According to the claimants, cover note bearing number 8895363 was issued in respect of the Tractor-Trolley bearing registration number OR-07-W-9856 and OR-07-W-9857 on 12^th June, 2012. But the Commissioner has dealt with another cover note bearing number 8895368 issued subsequently on 4^th July, 2012. On such grounds the claimants put forth their case for fixing the liability on the insurer.

¶30

Taking note of such specific submission regarding the cover note dated 12^th June, 2012 made by the claimants and owner specifically, this court vide order dated 2^nd January,, 2024 directed the insurer to produce a copy of cover note bearing number 8895363 dated 12^th June, 2012.

¶31

Mr. Dutta, learned counsel for the insurer by producing such cover note dated 12^th June, 2012 submits that the same was cancelled latter on and the fresh cover note dated 4^th July, 2012 was issued. But it is not known when the earlier cover note dated 12^th June, 2012 was cancelled and the insurer has not specifically answered to this. So

¶32

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¶33

under such circumstances, if the cover note was cancelled after 14^th June, 2012, i.e. the date of accident, the liability on the insurer will still subsist to indemnify the compensation amount. Therefore, this court comes to the conclusion that, when issuance of cover note number 8895363 dated 12^th June, 2012 is admitted, the insurer cannot be escaped from its liability to pay the compensation amount. Further, at the same time it is observed that since the cover note was cancelled, the insurer may get a right of recovery against the owner.

¶34

In the result both the appeals are allowed. The insurer, i.e. Cholamandalam General Insurance Co. is directed to deposit the compensation amount of Rs.2,03,752/- and Rs.3,44,636/- respectively along with interest @ 12% per annum from the date of accident till the date of deposit, within a period of eight weeks from today.

¶35

However, the direction for payment of penal interest is waived.

¶36

The copy of the cover note and the memo filed by Mr. Dutta in course of hearing are kept on record.

¶37

Both the appeals are disposed of.

¶38

An urgent certified copy of this order be issued as per rules.

¶39

( B.P. Routray)

¶40

Judge

¶41

M.K.Panda

¶42

Signature Not Verified

¶43

Digitally Signed Signed by: MANAS KUMAR PANDA Designation: Personal Assistant Reason: Authentication Location: OHC, Cuttack Date: 09-Aug-2024 17:03:54

¶44

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Ch. Kamalu v. M. Soma

Case brief

What is this about?

What did the court decide?

Ch. Kamalu v. M. Soma

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

Parties & counsel

Coram

Case details

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