MUNIAPPAN Vs. NATIONAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the claimant, whose claim petition under Section 163A of the Motor Vehicles Act claiming compensation of Rs.5 lakhs for the injuries sustained by him in the motor accident that had occurred on 14.11.2002 was negatived and a compensation of Rs.25000/- was granted under Section 140 of the Motor Vehicles Act under 'No Fault Liability" by the Judgement and Decree dated 31.7.2007 made in MCOP.No.1726/2003 by the learned Principal District Judge (MACT) Krishnagiri.

(2.) The brief facts, which are necessary for the disposal of this Civil Miscellaneous Appeal, are that on 14.11.2002 at about 6.40 p.m. the claimant was travelling in a share auto along with his relatives from Nallampatti to Avvainagar to attend a death condolence and when the share auto was proceeding near Nagarkoodal bridge, a tempo was taken on reverse by its driver and on seeing the tempo being taken on reverse by its driver, the driver of the share auto, instead of making efforts to avoid the vehicle hitting the tempo, jumped out from the share auto and the share auto went and hit against the rear side of the tempo, as a result of which, the claimant and other passengers in the share auto sustained injuries.

(3.) In the claim petition, it is alleged that the driver of the share auto was negligent in causing the accident and therefore, the claim petition was filed against the owner and the Insurer of the share auto. In the counter filed by the Insurance Company, apart from denying the allegations made in the claim petition, it was contended that the share auto was not insured with the Insurance Company at the relevant period.