JUDGMENT

This Civil Miscellaneous Appeal has been filed by the insurance company challenging the Judgment and decree made in M.C.O.P. No. 25 of 2011, dated 27.10.2014 on the file of the Special Sub Judge, Motor Accident Claims Tribunal, Cuddalore, wherein the Tribunal has awarded compensation for a sum of Rs.60,775/- along with interest @ 7.5% per annum from the date of filing of petition till the date of realization.

2. For the sake of convenience, the parties are referred to herein according to their litigative status before the Tribunal.

3. On 22.10.2003, at about 11:30 AM, a Mahindra Van bearing

Registration No.TN-31-V-6665, which belongs to the claimant was driven by the claimant's driver towards Poonamalle in the Ponnamalle National Highway, at that time, a cyclist has suddenly entered the middle of the road, and in order to avoid accident, the van driver has turned the vehicle on the right side, hit on the concrete centre median of the road, thereby the van has subjected to serious damage. Therefore, the claimant has spent a huge sum of money for repairing the said van and the van was not used for further six months due to carrying out of its repair work. The said van was insured with the respondent – insurance company and the insurance policy was in force at the time of accident, hence for the expenditure incurred for repairing of the vehicle and for the loss of income during the repair period and mental agony, the claimant has filed claim petition seeking compensation for a sum of Rs.3,00,000/- from the respondent – insurance company.

4. The respondent – insurance company has filed a counter and stated that the insurance policy was taken for the period from 30.01.2003 to 29.01.2004 by one Seethalakshmi and the said Mahindra Van was sold to the claimant on 17.02.2003 and by Section 144 of the Motor Vehicle Act, the claimant should have intimated the same to the insurance company within 14 days from the date of transfer of registration of the vehicle but the claimant has not followed the same. The claimant has also not come forward to file any application for change over of insurance policy in her name after purchasing the said Mahindra van. The claimant also approached Consumer Court in Cuddalore District and filed a case in O.P. No.6 of 2010 and the same was subsequently withdrawn the same on 12.10.2010 and thereafter this claim petition was filed.

5. The Tribunal after considering the evidences placed on record and merits of the case has held that the claimant is entitled to Rs.60,775/- along with interest @ 7.5% per annum for the own damages caused to the vehicle.

6. Aggrieved over the award, the insurance company has filed this appeal challenging the liability fixed on them to pay compensation to the claimant for the own damages caused to her vehicle.

7. The learned counsel appearing for the insurance company submitted that the insurance policy stands in the name of the original owner namely Seethalakshmi and there is no contract between the claimant and insurance company herein, but the Tribunal has not properly appreciated the evidence placed on record and fixed the liability on the insurance company to pay compensation under the head 'own damages' to the claimant, hence prays to set aside the award of the Tribunal.

8. The learned counsel for the claimant appeared through Video

Conferencing, submitted that originally the insurance company has approached this Court in the year 2017 itself and filed condone delay petition of 938 days and after allowing the same by this Court, this appeal was numbered. He has also further submitted that the delay period was not properly calculated, hence he preferred a review petition and seek further more time for the same.

9. I have considered the submissions made on both sides and perused the materials available on record.

10. On perusal of the record, it shows that before condoning the delay of 938 days in C.M.P. No.12088 of 2021, the insurance company also earlier filed another petition i