P. MARIMUTHU Vs. NEW INDIA ASSURANCE COMPANY LTD

JUDGEMENT

(1.) Aggrieved by the dismissal of the claim petition, the appeal is filed by the accident victim.

(2.) The Appellant herein is employed as Assistant in Tamil Nadu State Transport Corporation. On 01.03.2006, at about 7.45 p.m while he was riding his TVS 50 moped bearing registration No.TN-33-W-1748 near Dobi colony Dharapuram Udumalpet road, he met with an accident when the cyclist negligently fell before him. The appellant sustained injury on his head, right shoulder and thumb. He was admitted at PSG Hospital, Coimbatore and immediately admitted at GH, Dharapuram, for 20 days treated as inpatient and thereafter, for 40 days as out patient. Seeking compensation of Rs.1,80,000/-. He has filed claim petition against his insurer of his moped owner under Section 166 (1) of Motor Vehicles Act.

(3.) The respondent/Insurance Company filed counter stating that the accident occurred due to rash and negligently driving of the claimant/insurer. The claimant had no valid driving license. The vehicle was insured for "liability only policy." The claim petition is filed while his earlier petition in M.C.O.P.No.746 of 2006 is pending, hence claim petition is not maintainable and liable to be dismissed.