IFFCO TOKIO GEN. INS. CO. LTD. Vs. GIRIJA

JUDGEMENT

(1.) THE appellant -insurance company is in appeal challenging the legality and correctness of the judgment and award passed by the MACT, Bangalore, dated 04.07.2012 in MVC No. 1486/2010.

(2.) HEARD the learned counsel for the parties.

(3.) THE police on the complaint lodged by the father of the deceased registered a case against the owner of the motor cycle bearing registration No. KA -04 -EQ -2480, and charge -sheet was filed. The first respondent is the owner of the offending vehicle. Though the owner was served with the notice, he did not contest the matter. The insurance company contested the matter on the ground that though the vehicle in question was not involved in the accident, the same has been falsely implicated at the instance of the claimants and that the owner has lent his name. Based on the pleadings, the parties went into the trial.