UNITED INDIA INSURANCE CO. LTD Vs. G.AMUTHA

JUDGEMENT

(1.) This appeal has been filed by the Insurance Company as against the Award dtd. 15/11/218 made in M.C.O.P.No.7884 of 2015 on the file of the Motor Accidents Claims Tribunal, Chief Judge, Small Causes Court, Chennai.

(2.) Brief facts which are necessary to decide the issue involved in this appeal are as follows:

(3.) The second respondent resisted the Claim Petition before the Tribunal by filing counter statement before the Tribunal denying the manner in which the accident had occurred as projected by the claimant. It is the specific defence of the Insurance Company that as per the investigation, the first respondent/owner-cum-rider of the vehicle, namely Honda motor-bike bearing Registration No.TN-75-S-5023, did not have a valid driving licence on the date of accident, which is in violation of the terms and conditions of the Insurance Company, and hence, the Insurance Company is not liable to pay the compensation and thus, the Insurance Company prayed for dismissal of the Claim Petition.