NATIONAL INSURANCE CO LTD Vs. S SANGAMITHRA

JUDGEMENT

(1.) This Appeal is filed by the Insurance Company, challenging the award passed in M.A.C.T.O.P. No. 934 of 2005 on the file of the Motor Accident Claims Tribunal, Subordinate Court, Coimbatore. The brief facts which are necessary for the disposal of the above Appeal are as follows:

(2.) The claim of the First Respondent was resisted by the Insurance Company by filing a Counter stating that on the date of accident the Autorickshaw had carried seven children i.e. more than the permitted number of children and therefore, there is a violation of the terms and conditions of the Insurance Policy. Hence, the Insurance Company is not liable to pay any compensation.

(3.) That apart, the Insurance Company, by filing an additional Counter Statement had taken a defence that the said vehicle was originally owned by one Selvaraj, who is the husband of the Third Respondent, namely, Rajalakshmi. The said Selvaraj had died on 25.7.2002. After his death, the Registration Certificate was transferred in the name of the Third Respondent, but the same was not informed to the Insurance Company as required by Section 149(2)(b) and Section 157(b) of the Motor Vehicles Act and therefore, the Insurance Policy still stands in the name of the deceased Selvaraj. So, there is no contract between the said Rajalakshmi and the Insurance Company and therefore, the Claim Petition is not maintainable.