ORIENTAL INSURANCE CO LTD Vs. USHA

JUDGEMENT

(1.) This is an appeal filed by the third respondent in O. P. (MV) No. 573 of 1992 before the Motor Accidents Claims Tribunal, Thodupuzha. Appellant is the insurer of an autorikshaw bearing registration No. KL-7A/1756 involved in an accident which took place on 29.5.1992.

(2.) The application was filed by the injured person claiming compensation for the injuries suffered by him in the accident. First respondent in the O. P. was the driver of the autorikshaw. According to the applicant the accident occurred due to the negligent driving of the autorikshaw by the first respondent. The third respondent herein was impleaded as the additional 4th respondent in the O. P. as the owner of the vehicle who has insured the autorikshaw in question. As the third respondent, the appellant filed a written statement admitting the fact that it has issued an insurance policy in respect of the vehicle in the name of the third respondent herein. However, the liability to pay compensation was specifically denied on the ground that there is violation one of the conditions of the policy in as much as the first respondent had no licence to drive the autoriskhaw at the time of the accident.

(3.) The Tribunal found that the driver was not having a valid licence to drive the autorikshaw at the time of the accident. Even though such a finding was entered, the Tribunal relying upon the provisions contained in sub-section (4) of S.149 of the Motor Vehicles Act, 1988 directed the appellant to pay the compensation making it clear that the amount paid by the appellant shall be recoverable from the person insured and the driver of the vehicle