JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act seeking to set aside the decree and judgment passed in M.A.C.T.O.P.No.95 of 2016, dated 23.11.2018, on the file of the Motor Accidents Claims Tribunal, 2nd Additional District Court, Salem.)

(The case has been heard through video conference)

1. This appeal has been filed by the appellant Insurance Company questioning its liability to pay compensation under the impugned Award, dated 23.11.2018, passed by the Motor Accidents Claims Tribunal, 2nd Additional District Court, Salem on the following grounds:

(a) According to the appellant insurance company, the bus insured with them, bearing Registration No.TN-30-AJ-4466, was never involved in the accident which resulted in the death of M.Ganesan on 23.09.2015 and therefore, the Tribunal has erroneously directed the appellant to pay the compensation to the dependents of the deceased viz., R1 to R5 herein.

(b) The FIR registered under Crime No.799 of 2015, against the driver of the insured bus was also closed as mistake of fact.

(c) Mr.Anbuselvan, the alleged informant to Mr.Karuppannan, the brother of the deceased, about the accident was also not ex