UNITED INDIA INSURANCE CO LTD Vs. THIRU MANJUNATHAN

JUDGEMENT

(1.) This appeal filed by the Insurance Company, being aggrieved by the liability fastened on it to pay the compensation of Rs.8,32,106/- with interest at the rate of 7.5% p.a., from the date of petition till the date of realisation to the claimant/accident victim and recover it from the owner of the vehicle.

(2.) On 20.01.2011, the first respondent Manjunathan along with his wife on the pillion was riding his two wheeler motor cycle bearing Reg.No.TN-29D-4246 Yamaha RX 135 bike along Dharmapuri to Pennagaram Main Road. At about 9.30 a.m., near Om Sakthi Nursing College, the rider of the Bajaj Discover Motorcycle bearing Reg.No.TN-29AC 0250 proceeding towards Dharmapuri dashed against the Yamaha motor cycle. The claimant and his wife sustained severe injury and were admitted in the Government Hospital, Dharmapuri. After First aid, the claimant was shifted to Ganga Medical Centre, Kovai where he was treated as in2/11 patient from 20.01.2011 to 31.01.2011. Surgery was conducted for the fracture of left tibia and fibula bone. Skin transplant surgery was done subsequently at the fractured side. Alleging that the accident occurred due to the negligence of the Bajaj Discover motorcyclist, the claim petition for Rs.10,00,000/- was filed against the owner of the motorcycle and its insurer.

(3.) The Insurance Company filed a counter denying their liability stating that the rider of the Bajaj Discover motorcycle bearing Reg.No.TN 29AC 0250 did not inform about the accident and he had no valid and effective driving licence at the time of the accident. Further, the accident has occurred due to the contributory negligence of the claimant. Since the insurer of the claimant's vehicle was not impleaded as respondent, the claim petition is liable to be dismissed. Since the rider of the Bajaj Discover vehicle had no valid driving license, as insurer of the said vehicle, the 2 nd respondent insurance company is not liable to indemnify the owner of the said vehicle, in view of the policy violation. The quantum of compensation also questioned as excessive.