LAWS(MAD)-2000-1-15

NATIONAL INSURANCE CO LTD Vs. SUNDER RAJ

Decided On January 07, 2000
NATIONAL INSURANCE CO.LTD Appellant
V/S
SUNDAR RAJ Respondents

JUDGEMENT

(1.) The insurance company is the appellant. The appeal has been filed against the award passed by the Motor Accidents Claims Tribunal, Padmanabhapuram in M.C.O.P. No. 9 of 1989 on 31.3.1993 against the appellant insurance company.

(2.) In an accident involving an autorickshaw belonging to the respondent No. 2 in the appeal and insured with the appellant herein, the respondent No. 1 was injured and he made a claim for Rs. 60,000 as compensation. The respondent No. 3 was the driver of the autorickshaw.

(3.) The only question arising for consideration in the present appeal is as to whether the insurance company can be made liable for payment of the compensation inasmuch as the driver did not have a valid endorsement for driving the autorickshaw.