UNITED INDIA INSURANCE COMPANY LIMITED, Vs. V SHANTHI

JUDGEMENT

(1.) The Insurance Company is the appellant herein. Challenging the award passed in M.C.O.P.No.141 of 2006, on the file of the Motor Accidents Claims Tribunal, IV Small Causes Court, Chennai, the appellant has come up with the present appeal on the point of liability.

(2.) The first respondent herein/claimant filed claim petition, alleging that on 06.12.2005 at about 13.15 hours when the first Respondent/claimant was travelling as a passenger in auto rickshaw bearing Registration No.TN'-05-C~0556 along with a co-passenger and were proceeding from North to South on Rajaji Salai, near Fort Car parking ingate, the driver of the auto rickshaw drove the same in a rash and negligent manner and dashed against the police vehicle, which was proceeding ahead from behind and caused grievous injuries to the first respondent herein/claimant. The second respondent herein as a owner and the appellant herein as the Insurance company are jointly and severally liable to pay compensation. The second respondent herein remained ex-parte in this case.

(3.) The appellant herein/Insurance Company, who is the second respondent before the Tribunal filed counter statement denying the manner of the accident and validity of the policy coverage on the date of the accident and also filed petition under Section 170 of the Motor Vehicles act and the same is allowed.