S SELVI Vs. BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) Heard both sides.

(2.) The Petitioner's husband late Selvaraj, purchased a two wheeler (Bajaj M-80) with registration No. TN 74-W 2072. It originally belonged to one L. Jose, who insured the vehicle with the Respondent Insurance Company under Policy No. 4544011/2008/10009. After purchase of the vehicle, an application was made for transfer of ownership of the vehicle borrowed on 22.10.2007. The name transfer of the vehicle was made in the R.C. Book on 24.10.2007 with effect from 22.10.2007.

(3.) On 01.06.2008, the vehicle met with an accident, as a result of which the Petitioner's husband died. A case was registered in Crime No. 162 of 2008 for various offences under the IPC including Section 304-A IPC by the Arumanai Police Station, Kanyakumari District. The Petitioner's husband had a valid driving licence granted by RTO, Marthandam, dated 7.3.2008, which was valid till 24.12.2017. The vehicle was insured with the Respondent Insurance company and the policy taken by the vehicle owner was valid from 18.10.2007 to 17.10.2008. Therefore, at the time when the Petitioner's husband met with an accident on 1.6.2008, the policy was very much in home.