UNITED INDIA INSURANCE CO. LIMITED Vs. KALAMANI

JUDGEMENT

(1.) The second respondent in M.C.O.P.No. 188 of 2014, which had been disposed of on 5/1/2017 by the Motor Accident Claims Tribunal/Sub Court, Perundurai, is the appellant herein, aggrieved by the Judgment directing compensation for death due to accident caused to be borne by the appellant herein/Insurance Company.

(2.) The husband of the first claimant / father of the second and third claimants / son of the fourth claimant, one Duraisamy was standing on the Southern side of the Perundurai to Bhavani Road at Perundurai Mahalakshmi Theatre Bus Stop along with his father Perumal on 12/2/2014 at around 8.30 p.m. At that time, the first respondent in the original petition/M.Ramesh had come riding a Honda Shine motor cycle bearing Registration No. TN -56 B-4509 in a rash and negligent manner and in high speed and had dashed against the aforementioned Duraisamy, who suffered serious head injuries and died on the spot itself. He was aged about 40 years and was doing agricultural work. Seeking compensation for the death of the said Duraisamy, the Claim Petition had been filed by his legal heirs / widow, children and mother.

(3.) The second respondent was stated to be the insurer of the aforementioned motorcycle. They contested the claim petition and in the counter, they had very specifically stated that the vehicle was not insured with them. They further stated that at the time of the accident, there was no policy in force. The policy relied on by the claimants was for the period from 15/2/2014 to 14/2/2015. The accident had occurred on 12/2/2014. Since there was no policy which covered or put the insurer in liability for any accident involving the vehicle, they abjured liability and contested the claim mulcted on them.