LAWS(MAD)-2000-12-86

NEW INDIA ASSURANCE CO LTD Vs. MANI

Decided On December 12, 2000
NEW INDIA ASSURANCE CO. LTD. Appellant
V/S
MANI Respondents

JUDGEMENT

(1.) THIS appeal is directed against the award of the Motor accidents Claims Tribunal. Madras, in m. C. O. P. No. 950 of 1991. The insurance company is the appellant in the above appeal.

(2.) CONSIDERING the scope of the appeal filed by the insurance company alone, it is not necessary to deal with the facts relating to the accident and the negligence. The grievance of the insurance company is that the driver in question, did not possess a proper licence to drive the autorickshaw and, therefore, the Tribunal was in error in fixing the liability on the insurance company.

(3.) I am unable to accept the contentions of the learned counsel for the insurance company. It is true that in United India insurance Co. Ltd. v. Gian Chnd, 1997 acj 1065 (SC), the Supreme Court has held that inference could be drawn against the owner if he remains ex parte. This is however, subject to the insurance company discharging its initial burden and the division Bench in National Insurance Co. Ltd. v. A. Babu, 1990 0 ACJ 1003 (Madras), has specifically pointed out that mere admission of the driver before the criminal court cannot be conclusive and that the insurance company should have discharged its initial onus by taking steps to summon a competent witness from the office of the Regional transport Authority. In the present case, admittedly, no such steps were taken. Only an Investigator belonging to the insurance company alone was examined. That in my opinion is not sufficient since the investigator happens to be a staff of the insurance company. The minimum requirement is to file either a report from the office of the regional Transport Authority having jurisdiction over the local area or to examine any staff from the said office to substantiate that the driver had no valid licence. It is only thereafter, the burden would shift either on the owner or the driver of the vehicle.