RAHAMATHUNISSA Vs. DIVISIONAL MANAGER ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) CLAIMANT in a case bearing MVC.107/09 which was pending on the file of MACT and Fast Track Court, Chamarajnagar, has filed this appeal. The petition filed under Section 163A of the Motor Vehicles Act by the appellant seeking compensation of Rs.15,00,000/ - relating to the death of her son -Mohamad Ansar in a road accident that occurred on 17.1.2009, has been dismissed after contest. Hence the present appeal is filed.

(2.) THE facts leading to the filing of the claim petition under Section 163A, Motor Vehicles Act are as follows:

(3.) THE 2nd respondent -insurer alone has filed detailed objections denying all the material averments and the claimant has been called upon to prove the contents of the petition strictly. The petition is stated to be not maintainable since she is not a permanent resident of Chamarajnagar town and the accident is said to have taken place solely due to the negligence of deceased - Mohamed Ansar and that he did not have a valid and effective driving licence to drive the said goods vehicle. The averment that he was earning Rs.6,000/ - p.m. has been specifically denied. Though the 1st respondent knew very well that the deceased had no valid and effective driving licence, he permitted his son to drive the goods vehicle and therefore the insurer is not liable to indemnify the claimant. Issuance of policy in favour of the 1st respondent relating to the vehicle in question and its validity from 11.2.2008 to 10.2.2009 is admitted. It is stated that if the terms of the policy are violated, the insurer is not liable to indemnify the claimant.