P DHANDAPANI Vs. NATIONAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) The civil miscellaneous appeal has been preferred by the owner of the vehicle aggrieved over the award dated 13.12.2007 passed by the Motor Accidents Claims Tribunal (Additional District Judge, Fast Track Court No.2) at Gopichettipalayam, in M.C.O.P.No.192 of 2005 filed by respondents 3 to 5, claiming a sum of Rs.8 lakhs as compensation.

(2.) Respondents 3 to 5 herein/the claimants are the legal heirs of one deceased Annamalai and they filed a claim petition before the Tribunal stating on 23.06.2004, while the deceased Annamalai was riding a bicycle on the left side of Thirumurugan Poondi Avinashi Main Road, a Maruti car bearing registration No.TN-39-X-2793, which was driven by the appellant in a rash and negligent manner, came from the opposite direction, without observing the traffic rules, and dashed against the bicycle, during which the deceased was thrown away from the bicycle and sustained grievous injuries and he was immediately admitted in the hospital; but in spite of treatment, he succumbed to the injuries. Hence, the legal representatives of the said Annamalai filed a claim petition as against the owner and the insurer of the vehicle, namely, the appellant and the 1st respondent.

(3.) The 1st respondent insurance company had taken a specific defence before the Tribunal that the appellant is the driver-cum-owner of the car in question and at the time of the accident, he had no valid driving licence to drive the said car. The driving licence issued by the Assistant Licensing Authority, Thirupur, had expired on 29.03.2004 and the same was not renewed on the date of accident i.e.on 23.06.2004. The appellant had renewed the licence only on 25.06.2004 i.e. subsequent to the date of accident. Since there was no licence on the date of accident, the insurance company is not liable to pay compensation.