NEW INDIA ASSURANCE CO.LTD. Vs. SARASWATHI

JUDGEMENT

(1.) Questioning the liability, the appellant Insurance Company has filed this appeal under Sec. 173 of the Motor Vehicles Act, 1988.

(2.) It is manifested from the records that the respondents 1 to 3 herein, who are the claimants, had moved the Motor Accidents Claims Tribunal with a claim petition in M.C.O.P. No.104 of 2004 claiming a sum of Rs. 10 lakhs towards compensation for the death of one Thangavel, who is none other than the brother of the claimants in a Road Traffic Accident said to have been taken place on 16.06.2004 at about 11.00am, at Udumalai to Pollachi Main Road, Gomangalam involving an Ambassador Car bearing Registration No.TN38-T-7611 belonging to the 5th respondent herein.

(3.) While the respondents 4 and 5 herein remained ex parte, the appellant Insurance Company, being the third respondent alone had contested the claim on the crucial question that the claim was not at all maintainable before the Claims Tribunal and that the claim shall have to be made under the "Dealers Trade Certificate". It was also contended that the motorcycle in which the deceased was proceeding at the relevant period was not at all registered as well as insured as per the provisions of Sec. 39 of the Motor Vehicles Act and hence the Insurance Company ought not to have been held responsible to pay the amount to the claimants.