NEW INDIA ASSURANCE CO LTD Vs. J. MANIMARAN

JUDGEMENT

(1.) This appeal has been filed by the Insurance company challenging the insurer liability when admittedly the offending vehicle was not insured under it.

(2.) The facts required for deciding this appeal are:-

(3.) The Insurance Company contested the claim on the grounds that, the alleged date of accident is 15/01/2011, but complaint to the police was given only after 3 days. The motor cycle bearing registration No. TN 25 F 1355 was the offending vehicle. The rider of that vehicle was not having valid driving license. The cause of accident was the negligence of the Bajaj motorcycle rider. Knowing the fact that the rider of the offending vehicle does not possess driving license, the third respondent Insurance Company is impleaded. Only the first respondent who is the owner of the offending vehicle is responsible for compensation payable, if any.