NEW INDIA ASSURANCE COMPANY LIMITED Vs. ANISH ALIAS POOPPY S/O RAVEENDRAN CHALIL HOUSE VATTAPPARA.P O CHATHURANKAPARA VILLAGE

JUDGEMENT

(1.) UNDER challenge in this appeal is the award passed by the Motor Accidents Claims Tribunal, Thodupuzha in O.P. (MV) No.256/05.

(2.) THE claim petition was filed by one Rajesh claiming a sum of Rs. 3 lakhs as compensation alleging that he sustained injuries while travelling by an autorickshaw driven by the 1st respondent, owned by the 2nd respondent and insured with the appellant Insurance Company. THE 3rd respondent was the insured. Allegedly the accident occurred due to the negligence of the 1st respondent who was driving the vehicle.

(3.) FROM para 16 of the impugned award it can be seen that the appellant Insurance Company in order to substantiate their contention that the 1st respondent was not holding a valid driving licence and badge at the time of the accident had filed a petition before the Tribunal seeking a direction against the 3rd respondent to produce the driving licence and badge. That was allowed. But pursuant to the direction Ext.P3 which is the photostat copy of the driving licence was produced. That was not even properly attested, it is revealed. Ext.P3 would show that it was a licence to drive light motor vehicles only. Hence, this is a case in which the learned Tribunal ought to have drawn an adverse inference against the driver and should have reserved the right of the appellant Insurance Company to recover the amount of compensation from the third respondent/insured, or the 2nd respondent/registered owner after effecting payment. As the impugned award suffers from the said infirmity, we are of the view that the same has to be interfered with and the award has to be modified.