MANAGER Vs. N BHASKAR

JUDGEMENT

(1.) This miscellaneous first appeal is filed by the appellant Insurance Company challenging the judgment and award passed in MVC No.7850/2008 directing the Insurance Company to pay the compensation amount awarded by the learned Tribunal and recover the same from the owner.

(2.) The appellant in the appeal memorandum has also contended that the learned Tribunal has committed an error in directing the Insurance Company to pay the amount inspite of there was no driving licence and the driver was also prosecuted by filing the charge sheet against him invoking Section 3 (1) read with Section 181 of the Motor Vehicles Act, 1988, and the Insured has also failed to produce the driving licence even after notice to produce the driving licence was duly served on him and same could be seen from the Exs.R.3, R.4 and R.5.

(3.) The learned Tribunal has grossly erred in saddling liability on the Insurance company instead of saddling the compensation on the insured though it held that insured/driver of the offending vehicle had no driving licence at the time of the alleged accident, with an observation that the insurer is liable to recover the award amount from the insured. The ruling relied upon by the learned Tribunal is contrary to law, defences available to the insurer under the Motor Vehicles Act, 1988 and the recent ruling of the Hon'ble Apex Court. Hence, the appellant has prayed this Court to set aside the judgment and award regarding fastening the liability on the Insurance Company and also ordering for 'pay and recovery'.