NATIONAL INSURANCE COMPANY LIMITED Vs. MINOR AKBAR

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the order and decree dated 30.01.2009 passed in M.A.C.O.P.No.28 of 2007 on the file of the Motor Accidents Claims Tribunal /Principal Sub Court, Tenkasi.

(2.) The appellant / Insurance Company is the 2nd respondent in the claim petition. The first respondent herein filed a claim petition claiming a sum of Rs. 5,00,000/- as compensation for the injuries sustained by him in the accident that occurred on 20.12006, caused by the driver of the second respondent. Appellant is the insurer of the vehicle of second respondent.

(3.) The appellant/second respondent denied all the averments in the claim petition and contended that the second respondent had only to ply the lorry in the State of Kerala and he has no permit to ply lorry in the State of Tamil Nadu. The accident occurred at Tenkasi and the appellant is not liable to pay any compensation, in view of violation of policy condition.