ORIENTAL INSURANCE CO. LTD. Vs. RAJENDRAN AND ANOTHER

JUDGEMENT

(1.) The Insurance Company in O.P(MV) No. 1117/2000 before the 2nd Additional Motor Accidents Claims Tribunal, Kozhikode, is the appellant herein. They are challenging the award of the Tribunal in that O.P on the ground that insofar as the driver of the offending vehicle, which was insured with the appellant, did not have a valid driving licence to drive an auto-rickshaw on the date of the accident, the Insurance Company has no liability to indemnify the owner of the auto-rickshaw in respect of the accident which gave rise to the O.P(MV). It is submitted that as is clear from the award itself, the Insurance Company had specifically raised a contention that the 2nd respondent in the O.P had no valid driving licence at the time of the accident and therefore the Insurance Company is not liable to indemnify the 1st respondent. After recording the said contention, the Tribunal did not deal with that contention at all in the award, is the contention raised.

(2.) Although there is appearance for the respondents, none appears today before us to argue the case on behalf of the respondents.

(3.) We have heard the learned counsel for the appellant.