UNITED INDIA INSURANCE CO. Vs. SAHADEVAN

JUDGEMENT

(1.) This appeal has been preferred by the insurance company/3rd respondent in OP(MV) No. 841/2011 of the Motor Accidents Claims Tribunal, Irinjalakuda [hereinafter referred to as 'the Tribunal'], on the ground that, since R1 in the O.P, who was the driver of the autorickshaw, had no badge to drive the autorickshaw, there was violation of policy conditions and therefore, the insurance company has got right of recovery of the award amount from the registered owner of the vehicle.

(2.) Claimants filed the O.P seeking compensation under Sec. 166 of the Motor Vehicles Act in respect of the death of Bhargavi, who died in a motor vehicle accident on 1/6/2011.

(3.) According to the claimants, while Bhargavi was travelling in an autorickshaw bearing Reg.No.KL-8/G 6686 driven by the 1st respondent in the O.P, the autorickshaw fell into a dip, and as a result of which, victim Bhargavi sustained fatal injuries and she succumbed to the injuries. The accident occurred due to the rash and negligent driving of the autorickshaw by the 1 st respondent. R2 is the RC owner of the vehicle and R3 is the insurer. Claimants sought compensation from R1 to R3.