GOPALAKRISHNA PILLAI Vs. MANMADHAN PILLAI DWARAKA

JUDGEMENT

(1.) THIS appeal is preferred against the award of the Motor Accidents Claims Tribunal, Kollam in O.P.(MV) 837/06. The claimant, a motorcyclist, sustained injuries in a road accident when it collied with an auto rickshaw. The Tribunal awarded a compensation of Rs.60,700/- and found that since there is no evidence to show that there is a valid driving licence and badge for the auto rickshaw driver exonerated the insurance company from the liability and held respondents 1 and 2 jointly and severally liable to pay the amount. It is against the exoneration of the insurance company from the liability, the claimant has come up in appeal.

(2.) HEARD the learned counsel for the appellant as well as the insurance company. The learned counsel for the appellant submits before me that the licence particulars are available in Ext.A2 scene mahazar and he had also given me a copy of the said scene mahazar which would indicate that there had been a driving licence for the driver. When this material was available it was incumbent upon the insurance company to prove the absence of the same and if they were really contesting for the position that he did not have a badge that also is a matter which one could have proved since particulars are available in the scene mahazar. It has become a practice of the insurance companies now that without taking any steps to get the particulars just file an application calling upon ever exparte remaining owner and driver to produce the licence and then requesting the Court to draw an adverse inference. I think it may not help the implementation of justice at all. I do not want to say further on that.