S. SELVAKUMAR Vs. M. RAJARAM

JUDGEMENT

(1.) The claimant in MCOP.No.94 of 2012 on the file of the Motor Accident Claims Tribunal/Chief Judicial Magistrate, Dindigul has filed the above appeal challenging the exoneration of insurance company.

(2.) The injured claimant had filed the above claim petition on the ground that while he was walking on the road at 9.00 p.m on 8/11/2011, a two-wheeler owned by the second respondent, driven by the first respondent came in a rash and negligent manner and dashed against him. The said vehicle was insured with the third respondent. According to the claimant, he had sustained grievous injury and he made a claim of Rs.7,00,000.00.

(3.) The insurance company had filed a counter contending that the accident has happened only at 01.15 p.m and not at 9.00 p.m on 8/11/2011. Therefore, at the time when the accident had taken place on 8/11/2011, the vehicle was not insured with the insurance company. It was further contended that the previous policy of the said vehicle had expired on 28/9/2011. Therefore, on the date of the accident, the vehicle was not insured either with the Oriental Insurance Company or with the third respondent. Hence, they have prayed for exoneration of the insurance company.