UNITED INDIA INSURANCE CO LTD Vs. UMA

JUDGEMENT

(1.) Appeal filed against the judgment and decree dated 4.1.2006 made in M.A.C.T.O.P. No. 1293 of 2004 on the file of the learned Principal Sub Judge, Motor Accidents Claims Tribunal, (District Court O.P. No. 1179 of 2004 Cuddalore). The Insurance Company is the appellant. The liability is being challenged by the Insurance Company. The brief facts of the case leading to the appeal are as follows:

(2.) The 1st respondent filed a claim petition stating that on 22.3.2004 around 3.45 p.m. she was travelling in the auto bearing Registration No. TN-31-A-0245 from Vellagate Cuddalore. The driver of the auto drove the vehicle in a rash and negligent manner as a result of which the auto capsized resulting in injuries to the 1st respondent.

(3.) The appellant insurance company denied the liability stating that the auto driver did not possess valid licence at the time of the accident. However, the Tribunal found that the insurance company was liable as there was a valid policy and it would also state that the driving licence was also filed and hence fastened the liability on the insurance company. Aggrieved by which, the Insurance Company is before this Court.