Motorcycle bearing Registration No.TN 48-X-5547. Therefore, he cannot be considered as a third party to the accident. Further the F.I.R (Exhibit.P1) was registered only against the opposite vehicle bearing Registration No.TN 28-AF-9456. In the claim petition, the first respondent/claimant has categorically pleaded that only due to the rash and negligent driving by the rider of the Motorcycle bearing Registration No.TN 28-AF-9456, the accident happened. In the claim petition, the first respondent/claimant has not pleaded that the insured vehicle bearing Registration No.TN 48-X-5547 was responsible for the cause of the accident. However, the Tribunal under the impugned award, without appreciating the evidence available on record, has held that the appellant/Insurance Company is liable to pay the compensation. The evidence available on record will clearly establish that it was only the Motorcycle bearing Registration No.TN 28-AF-9456, which is at fault and not the vehicle bearing Registration No.TN 48-X-5547 insured with the appellant. The deceased Maheshwaran is not a third party to the accident as he was the rider of the Motorcycle bearing Registration No.TN 48-X5547 insured with the appellant. The Tribunal has failed to take into consideration the aforementioned admitted evidence. Therefore, this Court is of the considered view that the Tribunal has erroneously held that the appellant/Insurance Company is liable to pay compensation, though they are not liable to pay the same.
