JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the order dated 17.09.2021 in M.C.O.P. No. 6 of 2017 on the file of the learned Chief Judicial Magistrate, Motor Accident Claims Tribunal, Salem, for enhancement.)

1. The only issue involves in this Civil Miscellaneous Appeal is whether the insurance policy which has been exhibited as that of the first respondent vehicle is a fake policy thereby absolving the Insurance Company from compensating the appellants.

2. The facts in brief are as follows:

2.1. On 23.07.2017, the petitioner was riding his TVS XL Super bike, bearing Registration No.TN 54 E 4594, from Attur to Salem (east-west direction) and when he neared Ayyothiyapattinam, the rider of the TVS XL Super bearing Registration No.TN 54 J 6305 belonging to the first respondent and alleged to be insured with the second respondent drove the same in a rash and negligent manner and, without any signal, suddenly swerved to the right, as a result of which, he had hit the petitioner's vehicle, due to which, the appellant sustained injuries and multiple fractures. The appellant had therefore, filed M.C.O.P. No.6 of 2017 on the fi