R SHANKARRAJ Vs. H RAJAPPA

JUDGEMENT

(1.) THE claimant before the Tribunal is the appellant herein. For the injuries sustained by him in a road accident that took place on 23.05.1999 at about 06.45 p.m. in the National Highways between Krishnagiri and Hosur, near Addaguriki and the consequences that ensue from the said injuries, the appellant herein filed M.C.O.P.No.132 of 1999 on the file of the Motor Accidents Claims Tribunal (Court of Subordinate Judge), Hosur against the respondents 1 to 3 herein, claiming a sum of Rs.3,00,000/- as compensation. He had also prayed for an award which would include interest and cost.

(2.) ACCORDING to the case of the appellant herein/claimant, while the appellant/claimant was travelling in his motorcycle bearing Registration No.TN-29-W-5844 from Krishnagiri to Hosur, the bus bearing Registration No.TN-29-W-7999 belonging to the second respondent herein that came in the opposite direction was driven by the first respondent in a rash and negligent manner and the same resulted in a collision with the motorcycle in which the petitioner was proceeding. The appellant/claimant had made clear and concrete averments in the claim petition to the effect that the accident took place solely due to the rash and negligent driving of the bus belonging to the second respondent. He had also made averments in the claim petition that the offending vehicle, namely the bus bearing Registration No.TN-29-W-7999, had been insured with the United India Insurance Company Limited, the third respondent herein as on the date of accident.

(3.) AT the conclusion of trial, the Tribunal accepted the contention of the third respondent and held that the offending vehicle, namely the bus bearing Registration No.TN-29-W-7999 was not insured with the third respondent on the relevant date. Consequently, the claim as against the third respondent insurer was dismissed without cost.