NATIONAL INSURANCE COMPANY LTD Vs. KANNAN ALIAS SAMPOORNA KANNAN

JUDGEMENT

(1.) Challenging the liability fixed on the part of the insurance company in paying the compensation amount to the claimant in and by an award dated 04.07.2007 in M.C.O.P.No.248 of 2006 passed by the Motor Accidents Claims Tribunal (Additional District and Sessions Judge), Fast Track Court No.2, Coimbatore, the insurance company has filed this appeal.

(2.) The brief facts, which are necessary to decide the issue involved in the appeal, are as follows:

(3.) Resisting the said claim, the insurance company filed a counter, denying the negligence aspect on the part of the driver of the lorry. Subsequently, by way of filing an additional counter, the appellant insurance company has made a specific averment that the lorry bearing registration No.TN 55 7173 which was insured with them, was sold by the 3rd respondent herein, viz., Sun Lavanyan in favour of one Prabhakar on 26.05.2004 i.e. earlier to the date of the accident. But, suppressing the sale of the vehicle, the insurance policy was taken in the name of Sun Lavanyan. Since at the time of the accident, the 3rd respondent was not the owner of the vehicle, the insurance company cannot be held responsible to pay the compensation.