NATIONAL INSURANCE COMPANY LIMITED Vs. MARIA JESICA

JUDGEMENT

(1.) Heard the learned counsel on either side.

(2.) C.M.A.(Md)No.1241 of 2015 has been filed by the Insurance company questioning the award dated 19.03.2015 made in M.C.O.P.No.52 of 2007, on the file of the Motor Accident Claims Tribunal, Additional Subordinate Court, Tenkasi, principally, on the ground of liability.

(3.) It is the contention of the appellant that the vehicle insured by them was not at all involved in the accident in question. Three persons were riding the two-wheeler in question in Tenkasi to Tirunelveli Main road on 16.08.2006 at about 08.00 p.m. The two-wheeler had dashed on the Eicher lorry from behind. In the resulting accident the rider as well as one of the pillion riders died. The legal representatives of the deceased Pillion rider Maria Selvam, filed M.C.O.P.No.52 of 2007. The said claim petition was seriously opposed by the appellant Insurance Company by filing a detailed counter affidavit. But the Tribunal awarded a sum of Rs.6,61,000/- in favour of the claimants. The same is assailed in this appeal.