NATIONAL INSURANCE COMPANY LIMITED, Vs. VARADHARAJ

JUDGEMENT

(1.) The National Insurance Company Limited, Salem, who is the 2nd respondent in MCOP No.126 of 2004 on the file of the Chief Judicial Magistrate, Motor Accident Claims Tribunal, Trichy has filed the present appeal, questioning their liability to pay compensation amount to the claimants.

(2.) The first respondent/claimant filed the above said claim petition under Section 166 of the Motor Vehicles Act seeking compensation of Rs.5,00,000/- for the injuries sustained by him in a road accident that took place on 16.08.2003. The case of the claimant is that when he was riding his two wheeler TVS 50 bearing registration No.28 N 366, near Roja Marriage hall, Belur, a speeding van bearing registration No. TN 20 C 2090 belonging to the 2nd and 3rd respondents hit the motorcycle, as a result of which, he sustained injuries all over his body. According to the claimant, the rash and negligent driving of the driver of the van was the cause of accident and that since the owners of the van, the 2nd and 3rd respondents insured their vehicle with the appellant herein/insurance company, all of them are jointly and severally liable to pay compensation to him.

(3.) The Chief Judicial Magistrate, Motor Accident Claims Tribunal, Salem, after analysing the evidence on record, held that since the 2nd respondent though sold his vehicle in favour of the 3rd respondent, he did not take steps to get the registration certificate changed in the name of the 3rd respondent and hence, the insurance company should pay the compensation of Rs.1,94,869/- to CMA No.2314 of 2009 the claimant together with interest at the rate of 7.5% p.a. and then recover the same from the 2nd and 3rd respondents herein. Questioning their liability to pay compensation amount to the claimant, the insurance company has filed the appeal.