NATIONAL INSURANCE COMPANY LIMITED Vs. P. BALASUBRAMANI

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is directed against the Judgment and Decree dtd. 17/3/2016 passed in M.CO.P.No.1239 of 2009 on the file of the Motor Accidents Claims Tribunal, Sub-ordinate Judge, Dharapuram.

(2.) The accident occurred on 6/9/2009 at about 8.30 p.m. on Vellakoil to Akkaraipalayam road near Palpanai. Vellakoil Police station registered a case in Crime No.520 of 2009. It is an admitted fact that no further vehicle was involved in the accident and the rider of the vehicle himself fell down and sustained injuries.

(3.) The learned counsel appearing on behalf of the appellant/Insurance company mainly contended that there is no coverage in the policy. As far as the nature of accident is concerned, the rider of the vehicle is not covered as he stepped into the shoes of the owner, while riding the vehicle. In the present case, no further vehicle was involved in the accident and the Tribunal granted compensation only on the ground that the policy was in existence and therefore, the claimant is entitled for compensation.