NATIONAL INSURANCE CO LTD Vs. MAHADEVAYYA

JUDGEMENT

(1.) This appeal has been filed by the insurer as against the award passed by the Motor Accidents Claims Tribunal, Madras, in 0. P. 284 of 1975. On 17-3-1975, one Basavanniah alone with some of his friends was making some purchases in the Evening Bazar. At that time, an auto-rickshaw bearing registration No. TMZ 6631, belonging to one Mrs. Chandra and insured with the second respondent, came at a high speed and knocked him down, He sustained head injuries and became unconscious. Immediately he was removed to the General Hospital. Later he succumbed to the injuries on 21-3-1975, On the ground that the driver of the auto-rickshaw was rash and negligent and the accident had occurred due to that rash and negligent driving, the widow and the children of the deceased, filed a claim petition before the Motor Accidents Claims Tribunal, Madras, claiming compensation of Rs. 40,000.

(2.) The claim was opposed by the owner of the auto-rickshaw, the first respondent and the insurance company, the second respondent with which the auto-rickshaw was insured. The stand taken by them was that the accident occurred solely due to the negligence of the deceased in that he suddenly crossed the road without observing the traffic of the road, that the driver of the auto-rickshaw was not negligent at all and that therefore the respondents are not liable to pay any compensation. They also contended that the compensation claimed was highly excessive. The second respondent insurance company raised a further defence that the driver of the auto-rickshaw did not possess a valid driving licence to drive the auto-rickshaw as required under S. 3 (1) of the Motor Vehicles Act, and there is violation of the policy conditions, in that, a person not authorised to drive the auto-rickshaw as a public carrier, had been allowed to drive the vehicle.

(3.) Having regard to the defences taken, the following three points were set down for consideration by the tribunal