TATA AIG GENERAL INSURANCE COMPANY LIMITED Vs. VIJAYALAKSHMI

JUDGEMENT

(1.) Heard the learned counsel for the appellant. There is no representation for the respondents.

(2.) The claimants filed a claim petition under Section 163 A of the Motor Vehicles Act in respect of the accident that occurred on 06.11.2010. According to the records, while the deceased Balaji was riding the two wheeler insured under the appellant, hit another Motor cycle bearing Reg.No.TN 30 BY 6453 coming from the opposite direction. The accident occurred due to the rash and negligent driving of the deceased. Hence the case registered by the police was closed as abated.

(3.) The legal representatives of the deceased had filed the claim petition, claiming a sum of Rs.10,00,000/- against the insurer of the Motor cycle driven by the deceased. The appellant opposed the claim petition by stating that the deceased is the Tort feasor. He was not an employee under the owner of the vehicle and as borrower the deceased steps into the shoes of the owner. Further, it was also contended that the deceased had no valid driving licence and therefore, the appellant Insurance Company is not bound to pay the compensation.