BRANCH MANAGER Vs. PALANI,

JUDGEMENT

(1.) The Insurance Company aggrieved by the award passed in M.C.O.P.No.278/2008 by the Motor Accident Claims Tribunal, Arani, Tiruvannamalai District, is before this Court with this Civil Miscellaneous Appeal under Section 173 of the Motor Vehicles Act.

(2.) The claimant, who is the victim has laid a claim petition for Rs.1,00,000/- for the injuries sustained by him in an accident occurred on 21.07.2008 when he was hit by Hero Honda CD 100 bearing Registration No.TN 25-B-4795. While he was riding on the road in his TVS 50 motor cycle the claim was against the owner of the Hero Honda motor cycle and the Insurance Company which has insured the vehicle.

(3.) The Insurance Company contested the claim petition on the ground that, the claim against them is not maintainable. It was contended that, on investigation, they found that the Hero Honda CD 100 vehicle bearing Registration No.TN 25-B-4795 was insured with them only with effect from 23.07.2008 to 22.07.2009 vide Policy No.413506/31/2009/3845. Whereas, the accident occurred on 21.07.2008 before the period of coverage. So, on the date and time of accident, the offending vehicle was not insured under them. That apart, the negligence was attributed on the accident victim/claimant and the rider of the Hero Honda motor cycle who did not have a valid driving licence. The claimant's earning capacity and income mentioned in the claim petition also denied by the Insurance Company for want of proof.