RAJA Vs. KESAVAN

JUDGEMENT

(1.) The above application is filed by the claimant challenging the award passed by the Motor Accident Claims Tribunal, Thiruvannamalai (Principal Subordinate Judge, Thiruvanamalai) in MACTOP.No.402 of 2009 in and by which the learned Judge has dismissed the claim petition filed by the claimant on the ground that the policy is an Act only policy and does not extend coverage to the driver of the lorry. The facts in brief are as follows:-

(2.) The petitioner-appellant was driving the lorry bearing Registration No.TN 23 AE 2632 on 16/2/2009. While he was so proceeding at around 4.30 a.m. on the National Highway, (Tiruvannamalai to Tiruchy), a lorry proceeding in front of him had suddenly applied the brakes as a result of which the appellant had dashed against the lorry resulting in injuries to him. Therefore, he had filed the above claim petition seeking compensation of a sum of Rs.5,00,000.00 under Sec. 163A of the Motor Vehicles Act, 1988.

(3.) The insurance company during the arguments had marked the copy of the policy as Ex.R.1 and contended that since it is an Act Only policy it would not cover the driver of the lorry. The Tribunal, therefore, dismissed the claim petition. Aggrieved by the same the claimant is before this Court.