GOPAL Vs. M. VENKATACHALAM

JUDGEMENT

(1.) In the accident, which occurred on 29.09.2004, involving a Bajaj M80 motorcycle bearing registration No.TN-30-E-6996, insured with M/s.United India Insurance Company Limited, a four year old child died. A case in Crime No.375 of 2004 under Sections 279 and 304(A) IPC has been registered against the rider on the file of Vazhapadi Police Station. By impleading first respondent - Venkatachalam, the present owner, second respondent - The Branch Manager, United India Insurance Company Limited, Salem, the insurer of the vehicle, parents have filed MCOP.No.22 of 2005 on the file of the Motor Accident Claims Tribunal (Subordinate Court), Attur, claiming compensation of Rs.4,00,000/-.

(2.) The present owner/first respondent/Venkatachalam has filed a counter affidavit denying the manner of accident and the quantum of compensation. He has also disputed the liability.

(3.) The insurer/United India Insurance Company Limited, Salem, at paragraph 6 of the counter affidavit, has submitted that the motorcycle bearing registration No.TN-30-E-6996 was owned by one Sathique Ali, at the time of the accident and that the registration certificate and the insurance policy stood in the name of Sathique Ali, son of Haribhahiman, No.36-B, West Street, Kumarasamypatti, Salem-7. According to the Company, Mr.M.Venkatachalam was only a rider of the motorcycle and that, at the time of the accident, he had no valid and effective licence.