JUDGMENT

(Prayer: The Civil Miscellaneous Appeal is preferred under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 16.08.2016 passed in M.C.O.P.No.144 of 2012 on the file of the learned Sub Judge, Sub Court-cum-Motor Accidents Claims Tribunal, Cheyyar.)

1. The present Civil Miscellaneous Appeal is directed against the judgment and decree dated 16.08.2016 passed by the learned Sub Judge, Sub Court-cum-Motor Accidents Claims Tribunal, Cheyyar in M.C.O.P.No.144 of 2012.

2. The appellant is the Oriental Insurance Company Limited filed the present Civil Miscellaneous Appeal mainly on the ground that the Motor Accidents Claims Tribunal had erroneously entertained the claim petition, which is otherwise not maintainable and awarded compensation in violation of the principles settled.

3. The accident was caused by an unknown JCB vehicle and not at the instance of the Motor Cycle bearing Registration No.TN-22-AL-5208 and the policy in respect of Motor Cycle did not cover the risks of the rider/ owner of the insured with the appellant/Insurance Company. Even as per the findings of the Tribunal, the Motor Cycle was insured to cover the Act liability and it did n