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Judgment
K. Kannan, J.
CM No. 798 CII of 2014
For the reasons stated in the application, delay in filing the appeal is condoned.
FAO No. 238 of 2014
The appeal would require to be dismissed for the dismissal of the petition was correctly done so, for, the appellants were making a claim against the insurer of the very motor cycle which the deceased was driving. The accident was allegedly the result of a Bolero car which had dashed against the deceased. Neither the owner of the Bolero car nor the insurer were made parties since, according to the claimants, they could not trace the identity of the vehicle that caused the accident.
All that the appellants would obtain would only be to secure a compensation for any personal accident cover that might have existed. The Tribunal has awarded Rs. 1 lakh. Inadequate, as it may seen, there is no right of action against the insurer of the motor-cycle which is owned by the deceased and against which there could be no more liability than the personal accident cover. There is no scope for intervention. The appeal is dismissed.