NEW INDIA ASSURANCE CO LTD Vs. K KASTHURI

JUDGEMENT

(1.) Questioning the finding regarding negligence, liability fixed on the Company and the quantum of compensation. National Insurance Company Limited has preferred this appeal.

(2.) The cases of the respondents/claimants are as follows:

(3.) The appellant-Insurance Company, with the leave of the Tribunal denied the manner of accident. They further submitted that there was no valid insurance policy for Bajaj M80 motorcycle, bearing Registration No. TN 07 W 3402, on the date of accident and, therefore, they are not liable to indemnify the owner of the vehicle. It is their further contention that even in the rough sketch, the offending vehicle was mentioned as "number unknown" and in these circumstances, they disputed the involvement of the vehicle insured with them. Inasmuch as, the involvement of the vehicle itself is questioned, the Tribunal ought to have considered this case, as one of hit and run and in such circumstances, the claim under Section 166 of the Motor Vehicles Act is not maintainable. Without prejudice to the above, they have also put the respondent/claimants to prove the averments relating to age, avocation and income of the deceased.