NEW INDIA ASSURANCE CO. LTD. Vs. G. ALAGIRI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred by the New India Assurance Company Limited, which figured as the 2nd respondent in MACTOP No.3949 of 2005 on the file of the Motor Accident Claims Tribunal [II Judge, Court of Small Causes], Chennai.

(2.) The 1st respondent herein had filed the above said MACTOP before the Tribunal claiming initially a sum of Rs.7 lakhs as compensation for the injuries sustained by him in a road accident, which took place on 21.00 hrs. On 10.8.2005, involving the motor vehicle belonging to the 2nd respondent herein that stood insured with the appellant herein. Subsequently, during the pendency of the MCOP, the Claim Petition was amended and the claim was increased to Rs.12 lakhs from Rs.7 lakhs. The claim was made on the basis of the plea that the Tata Sumo bearing Registration No.TN 23 A 0356 in which the 1st respondent was travelling as a gratuitous passenger, met with an accident due to the rash and negligent driving of its driver as a result of which the 1st respondent herein/claimant sustained multiple injuries; that for the consequences of the rash and negligent driving of the said vehicle by its driver, the 2nd respondent herein, viz., the owner of the vehicle, was liable to pay compensation to the 1st respondent/injured claimant; that since according to the 1st respondent/claimant, the said vehicle was insured with the appellant Company as on the date of the accident, the appellant Insurance Company was liable to indemnify the insurer, viz., the 2nd respondent herein, and that by virtue of the provisions of the Motor Vehicles Act, the said contract of insurance was enforceable by the 1st respondent/claimant. Thus, the claim was made against both the second respondent and the appellant herein.

(3.) The owner of the vehicle, viz., the 2nd respondent herein, remained ex parte and did not contest the case. The appellant/Insurance Company, which figured as the 2nd respondent before the Tribunal, contested the case not only on the grounds available under Section 149 of the Motor Vehicles Act, but also on all grounds of defence available to the insured, after getting necessary order under Section 170 of the Motor Vehicles Act, permitting it to raise such pleas.