MANAGER AND PROPRIETOR ARASU AUTOS Vs. GLADSTONE

JUDGEMENT

(1.) The present appeal has been filed by the insurance company agent of New India Assurance Company Limited challenging the award passed by the Motor Accident Claims Tribunal, Thanjavur in MCOP.No.218 of 2016.

(2.) According to the claimants, when the deceased was attempting to cross the road at about 12.00 noon on 31/1/2016, a two wheeler which is owned by the first respondent and insured with the second respondent was driven in a rash and negligent manner and dashed against the deceased person. He succumbed to the injuries on 6/2/2016. The claimants have further contended that the deceased was aged 65 years and he was a coolie earning a sum of Rs.10,000.00 per month. The claimants have prayed for a compensation of Rs.30,00,000.00.

(3.) The second respondent had filed a counter contending that the accident has happened only due to the rash and negligent driving on the part of the deceased who had crossed the road negligently. They have further contended that the two wheeler was not insured with the respondent on the date of the accident and the driver was not having a valid driving licence. The accident has happened on 31/1/2016, but the policy for the vehicle was issued only with effect from 1/2/2016. Therefore, on the date of the accident, there was no insurance policy and hence, they are not liable to pay any compensation.