NATIONAL INSURANCE COMPANY LIMITED Vs. KANNAMMAL ALIAS KANNAL

JUDGEMENT

(1.) THE above Civil Miscellaneous Appeal has been filed by the Third respondent/National Insurance Company Limited, against the Award and Decree dated 29.08.2005, in M.C.O.P.No.2099 of 2001, on the file of the Motor Accident Claims Tribunal, (Sub Court), Dharapuram, awarding a compensation amount of Rs.2,30,250/- with 7.5% interest per annum, from the date of filing petition till the date of payment of compensat

(2.) AGGRIEVED by the said Award and Decree passed by the Motor Accident Claims Tribunal, (Sub Court), Dharapuram, in M.C.O.P.No.2099 of 2001, dated 29.08.2005, the appellant/third respondent has filed the above appeal praying to set aside the award and decree passed by the Tribunal.

(3.) THE third respondent/National Insurance Company has filed a counter statement and resisted the claim petition on various grounds stating that the owner of the vehicle bearing registration No.TDU-5200 had not informed about the accident to this respondent as per the rules of the Insurance Policy. Further he had not co-operated with this respondent to assess the claim and remained absent. In these circumstances the respondent prayed before the Tribunal to contest the case under section 170 of Motor Vehicle Act. THE third respondent further submitted that the accident had occurred due to the collision of two vehicles and as such the owner of the moped had to be added as necessary party in this case. Hence this petition is bad for non-joinder of necessary parties and this petition has to be dismissed in lemine. THE third respondent further submitted that the claimants have to prove the age, income and occupation of the deceased. THE respondent further submitted that at the time of the said accident the rider of the TVS-50 did not have a valid and effective driving licence to drive the vehicle at the time of accident. THE third respondent further submitted that due to the rash and negligent driving of the rider, the accident had happened and as such the third respondent is not liable to pay any compensation as claimed by the claimant.