MANAGER, ORIENTAL INSURANCE CO. LTD. Vs. PECHIYAMMAL

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred against the Judgment and Decree in M.C.O.P.No.145 of 2010, dated 20.01.2012, on the file of the Motor Accidents Claims Tribunal, District Court No.2, Kancheepuram.

(2.) The brief facts leading to the filing of the claim application are as follows: On 15.12.2003 at about 04.00 hours, one Ponpandi travelled as pillion with a rider Thiru.M.Karuppaswamy in Bajaj M 80 bearing Registration No. TN 20 K 1602 belonging to the 1st respondent herein. When the said M 80 vehicle reached Periyakalakattoor Village, due to narrow road and because of the sparking Head Light of a Lorry, the rider lost the balance and jumped out of the said M 80, but the pillion Ponpandi became victim to the accident. The rider due to fear, escaped from the accident spot and failed to note down the Registration number of the lorry which hit with the said M 80. The accident occurred due to the fault and negligent driving of the rider of the said M 80. Hence, the 1st respondent is vicariously liable to pay compensation of Rs.5,00,000/-.

(3.) The appellant herein is the Insurance Company and aggrieved by the Judgment and Decree made by the Tribunal, and also challenging the observation made by the Tribunal on the aspect of liability the present appeal has been filed. The appellant contended in the memorandum of grounds of appeal that the Tribunal fastened the liability on the insurer before the victim of the rider had insured the said two wheeler and as such, it is not covered under the contract of insurance by the Policy Ex.R1. When there is a clear evidence on the part of the claimant P.W.1 who is none other than the widow of the victim, who deposed before the Tribunal that the victim was the rider of the said two wheeler and as such, there is no coverage for claiming compensation.