JUDGMENT :

(Prayer: Appeal filed under Section 173 of the Motor Vehicles Act against the Decree and Judgment made in M.C.O.P.No.178 of 2013 dated 03.1102015 on the file of the Motor Accident Claims Tribunal, (MACT Special Sub Court II), Villupuram.)

(The case has been heard through video conference)

1. This appeal has been filed by the Insurance company challenging the insurer liability when admittedly the offending vehicle was not insured under it.

2. The facts required for deciding this appeal are:-

On 15/01/2011, while the claimant Manimaran was riding on his motorcycle bearing registration No. TN 22 AK 1103 with his wife and daughter, a Bajaj motor cycle bearing registration No. TN 25 F 1355 dashed against him and caused accident. In the said accident, he sustained injuries and treated. Alleging rash and negligence against the rider of the motor cycle bearing registration No. TN 25 F 1355, claim petition was filed seeking compensation of Rs.3,50,000/- against the owners of the offending motor cycle Bajaj TN 25 F 1355 and TN 22 AK 1103 and the insurance company of the TN 22 AK 1103. The claimant in the claim petition has specifically stated that, the negligence was on the part of the