UNITED INDIA INSURANCE CO LTD Vs. A ELANGO

JUDGEMENT

(1.) THIS appeal is directed against the Judgment and decree passed by the lower Court in M.C.O.P.No.61 of 1999 dated 03.04.2003, preferred by the second respondent Insurance Company. For convenient sake the ranking of the parties before the lower Court are referred in this Judgment also.

(2.) BRIEF facts relied upon by the parties before the Lower Court are as follows:

(3.) LEARNED counsel for the appellant/Insurance Company would submit in his argument that the accident was not caused by the vehicle belonging to the first respondent bearing Registration No.TMV 5173 and the F.I.R filed in Cr.No.126 of 1997 of Vellimedu Police Station would clearly show that a car bearing Registration No.TMC 822 had dashed against the motor cycle driven by the claimant and therefore the entire responsibility fixed upon the respondent before the lower Court are not sustainable. He would further submit that the Charge Sheet subsequently filed had implicated the vehicle belonging to the first respondent and the case filed in C.C.No.5 of 1999 on the file of the Judicial Magistrate No.I, Tindivanam was also fabricated. He would further submit in his arguments that the Judgment rendered in C.C.No.5 of 1999 in Ex.P.3 is not binding upon the Tribunal, which can independently come to a different conclusion. He would also submit that the case was closed by the police 11.7.1998 and the claimant did not raise any dispute to identify the car till that time, but however he had included the Registration No.TMV 5173 which was not the car involved in the accident. He would also submit that the first respondent, the owner of the vehicle had also contributed to the fraud in order to make the appellant/second respondent liable to the said payment of compensation. He would therefore request the court to relieve the appellant from paying the liability as there was no indemnity to honour the contract as the insurer vehicle was not involved in the accident.