UNITED INDIA INSURANCE COMPANY LTD Vs. P MAHALAKSHMI

JUDGEMENT

(1.) The second respondent in M.C.O.P. No.2090 of 2009, viz., United India Insurance Company Ltd. (for brevity "the Insurance Company"), feeling aggrieved by the judgment and decree dated 26.02.2013 passed by the Motor Accidents Claims Tribunal (III Court of Small Causes), Chennai (for brevity "the Tribunal") in the said claim petition, has preferred the instant Civil Miscellaneous Appeal, primarily on the ground that the claim made by the claimants, who are the legal heirs of the deceased Panchacharam, is a false claim. In other words, according to the Insurance Company, the legal heirs of the deceased have filed the claim petition falsely roping in the vehicle insured with it as the one involved in the accident, when the fact remains that the lorry in question was not at all involved in the accident.

(2.) For the sake of convenience, the parties are referred to as per their rank in the instant Civil Miscellaneous Appeal.

(3.) In order to appreciate the issue involved in this appeal, it is necessary to have a look at a vignette of facts as under: