NATIONAL INSURANCE COMPANY LTD Vs. K N VIJAYAKUMAR

JUDGEMENT

(1.) The insurer in a motor accident claim is the appellant herein. 1st respondent is the claimant, 2nd respondent the owner of the vehicle and the 3rd respondent is the driver. The 1st respondent suffered injuries and consequent disability for which a total compensation of Rs. 54,500/- has been awarded by the M.A.C.T., Kottayam in O.P(MV) No. 1226/2000. The appellant-Insurance Company, in its written statement, raised a contention that the Insurance Company is not liable since there was violation of policy conditions. However, the learned Tribunal found that there was no serious efforts whatsoever on the part of the appellant-Insurance Company to adduce evidence in support of their contention regarding violation of policy conditions and therefore found that the appellant is liable to pay the compensation. The Insurance Company is challenging the said award in respect of the finding regarding its liability as well as the quantum awarded on the strength of the petition under Section 170 of the Motor Vehicles Act which was allowed by the Tribunal.

(2.) We have heard learned counsel for the appellant-insurer.

(3.) Before the Tribunal, the owner and driver were ex parte. The appellant did not even produce the copy of the insurance policy although they had admitted the policy. They did not also adduce any oral or documentary evidence in support of their contentions. Although on the strength of the FIR and charge sheet in Crime No. 42/2001 of Manarcadu Police Station, which was registered on the basis of the accident which was the subject matter of the O.P(MV), the appellant would contend that the driver did not have a valid licence and a charge was included for driving the vehicle without a valid licence.