V.SARSU Vs. HARIHARAN

JUDGEMENT

(1.) The appeal is filed by the claimant against the judgment and decree dtd. 22/12/2014 passed in M.C.O.P. No. 113 of 2008.

(2.) The accident occurred on 24/2/2008 at 4.00 a.m. in K.K. Nagar, Santhavasal, Thiruvannamalai District and Santha Vassal Police station registered a case in Crime No. 90 of 2008, under Ss. 279, 337 and 338 and 304A IPC. The appellant /claimant filed the claim petition under Sec. 163 (A) of the Motor Vehicles Act and the Tribunal found that the deceased is the son of the appellant /claimant, who was driving the vehicle and is a tort feasor and therefore, the Motor Accidents Claims Tribunal cannot entertain the claim petition in such circumstances.

(3.) The factum regarding the accident has not been disputed by the respondent /insurance company and the fact regarding the death has also not been disputed by the respondent /Insurance Company. Only question is whether there is a policy coverage or not.