A K THAGA PILLAI DEAD Vs. MEENAKSHI

JUDGEMENT

(1.) These appeals arise out of the proceedings initiated before the Motor Accidents Claims Tribunal, Cuddalore, in respect of the claims made by one victim and by the heirs of another, the injuries and the death leading to the claims having resulted from an accident which had occurred on 4.1.1981 on the Kallakurichi-Thiagadurgam Road, by reason of the tractor No. MTF 5767 colliding with the trailer No. MTF 6658. The Tribunal held that the accident was due to rash and negligent driving of the tractor by the driver. While holding the owner liable, the insurer was exonerated on the ground that there was no evidence to show that the driver held a valid driving licence at the time of accident.

(2.) Against this finding of the Tribunal, two C.M.As. were filed in this court, the C.M.As. being No. 320 of 1983 and No. 527 of 1990. In C.M.A. No. 320 of 1983 it was held by the learned single Judge that the finding of the Tribunal reversing the finding insofar as the liability of the insurer was concerned, that the failure on the part of the insurer to produce the policy disentitled the insurer to claim that its liability if any, on account of rash and negligent driving of the vehicle by the person who did not have a driving licence, could not be claimed, as there was no presumption that every situation from which the insurer under the Motor Vehicles Act in law can protect itself by excluding the liability therefor in the policy, had in fact been set out in the policy actually issued. L.P.A. No. 65 of 1991 has been filed by the insurer against that judgment of the learned single Judge.

(3.) In C.M.A. No. 527 of 1990, the amount awarded by way of compensation being over a lakh of rupees, that appeal has come directly before us. The contentions urged in respect of that appeal are the same as the one that prevailed before the learned single Judge who decided the C.M.A. No. 320 of 1983. C.M.A. as also L.P.A. have been heard together and are being disposed of by this common order.