TATA AIG GENERAL INSURANCE COMPANY LIMITED Vs. CHANEERAPPA

JUDGEMENT

(1.) The appeal is filed by the Insurance Company being aggrieved by the award of the Motor Accident Claims Tribunal ( Sub Court ), Hosur fixing liability on it to pay a sum of Rs.2,28,000/- with 7.5% interest from the date of petition till th date of deposit, to the claimant / 1st respondent herein.

(2.) The claim petition filed by the accident victim alleging on 16.12.2013 at about 11.00 a.m., while he was returning home in his two wheeler Bajaj CD motor cycle bearing registration No. TN 24 V 9355, near Attibele Andhivadi Check Post Road, Bommandapalli Gate cure, the Bolero car bearing registration No. KA 35 M 4655 owned by on Bala subramani and insured under the TATA AIG General Insurance Company, Limited dashed against the claimant and caused fractured injuries. He was admitted in the hospital for 5 days as inpatient and got discharged after surgery on his right toe. Due to deformed toe, he is not able to carry on his avocation as lorry driver, hence compensation of Rs.20,00,000/- claimed against the owner of the Bolero car and its insurer.

(3.) The Insurance Company filed its counter stating that the Bolero car was not insured under them for the period from 14.12.2013 to 13.12.2014 as claimed by in the petition. The photocopy of the insurance policy produced to the Motor Vehicle inspector by the vehicle owner is a fake document. As per the records maintained by the Insurance Company, the said vehicle was insured for the period 16.12.2013 to 15.12.2014. In this regard for fabricating fake insurance policy to make unlawful gain, police complaint has been given against Bala subramani, the vehicle owner. There was no valid insurance contract between the owner of the vehicle and the Insurance Company at the time of accident. Therefore, the Insurance Company is not liable to indemnify the vehicle owner nor to pay any compensation to the claimant.