NEW INDIA ASSURANCE COMPANY LTD. Vs. A. HEMAVATHI

JUDGEMENT

(1.) This appeal has been filed by the Insurance Company being aggrieved by the liability fixed on the Insurance Company to pay a sum of Rs.7,46,200/- to the claimants, who are the legal representatives of the deceased accident victim.

(2.) The claim petition was filed under Section 163A of the Motor Vehicles Act, 1988 since the accident had occurred, while the deceased driving his Tata Tempo Van bearing Reg.No.TN-25-D-2234 hit the unknown vehicle proceeding ahead of his van. As per the claim petition, on 24.04.2013, at about 5.15 a.m., the deceased while driving the Tata van as owner-cum-driver insured under the appellant, proceeding from Bengalore to Thiruppathur near TVS Petrol Bunk at Perandapalli 'U' turn, dashed behind the unknown vehicle and died on the spot. At the time of the accident, the deceased was 34 years old and earning a sum of Rs.3,300/- per month as self-employed van owner-cum-driver. The claimants are his widow, two minor sons and his parents. A sum of Rs.5,25,000/- was sought under the claim petition.

(3.) The Insurance Company filed counter resisting the claim on two grounds. Firstly, the deceased is the tort-feasor. He was driving the vehicle continuously about 170 kilometers, without rest throughout the night and caused the accident by hitting behind the ongoing vehicle in his front. Being a tort-feasor even under Section 163A of the Motor Vehicles Act, 1988, he or his legal representatives are not entitled for compensation to be indemnified by the insurer. The tort-feasor cannot be a recipient. At the most entitled only for Rs.2,00,000- under personal accident cover. Secondly, the deceased on the date of accident had no valid driving licence. His driving licence expired on 19.04.2013. Whereas the accident occurred five days after expiry of the driving licence on 24.04.2013. Since the deceased has driven the vehicle without valid driving licence, there is a breach of insurance policy condition.