IFFCO TOKIYO GENERAL INSURANCE CO LTD Vs. CHINNATHAMBI

JUDGEMENT

(1.) The judgment and decree dated 10.07.2014 passed in M.C.O.P. No.123 of 2008 by the learned Sub Judge, Sub Court-cum-Motor Accidents Claims Tribunal, Mettur, is under challenge in the present Civil Miscellaneous Appeal.

(2.) M/s.Iffco Tokiyo General Insurance Company Limited, who is the appellant herein, filed the present Civil Miscellaneous Appeal.

(3.) The learned counsel appearing on behalf of the appellant-Insurance Company mainly contended that the vehicle belongs to the respondent-claimant undoubtedly was insured with the appellant-Insurance Company. However, the policy covers only third party liability and the respondent-claimant, being the owner of the vehicle, is not covered under the policy and therefore, the Tribunal has erroneously fixed compensation on the appellant-Insurance Company. It is further contended that the chargesheet was filed against Mr.Ponnusamy, the second respondent herein and in the criminal proceedings, the second respondent Mr.Ponnusamy pleaded guilty and paid the fine. Therefore, there is no reason whatsoever to fix liability on the appellant-Insurance Company.