SHRIRAM GENERAL INSURANCE COMPANY LTD. Vs. BABY JALAJA

JUDGEMENT

(1.) The short question that arises for consideration is whether the Insurance Company is liable to pay compensation in a motor accident claim in the absence of driving licence for the driver of the motor vehicle involved in the accident.

(2.) The first respondent has filed an application claiming compensation before the Motor Accidents Claims Tribunal, Kollam, for the injuries sustained by her in a motor accident. The learned Tribunal found that the accident had occurred due to the negligence of the driver of the autorickshaw involved in the accident and awarded a total compensation of Rs.57,500/- under various heads. The Tribunal, based on an adverse inference, found that the driver of the autorickshaw was not holding a driving licence at the time of accident. Also found that the autorickshaw was covered by insurance with the appellant Insurance Company. In such a circumstance, the appellant was directed to pay the compensation awarded to the first respondent and permitted them to recover the same from the second respondent, owner - cum - driver of the autorickshaw. Aggrieved by the direction so issued by the Tribunal and praying for exonerating them from liability, the appellant has preferred this appeal.

(3.) Heard the learned Standing Counsel appearing for the appellant and the learned counsel appearing for the first respondent. In the nature of the judgment being passed in this appeal, notice to the second respondent is dispensed with.