UNITEDINDIA INSURANCE CO LIMITED Vs. ARUKKANI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the United India Insurance Co. Limited, Nilgiris against the Judgement and Decree dated 8.9.2010 made in MCOP.No.211/2008 by the learned Additional District Judge, FTC II, MACT, Gobichettipalayam.

(2.) The short question that arises for consideration in this Civil Miscellaneous Appeal is that when it has been proved that the driver of the offending vehicle had no licence to drive the heavy motor vehicle and had licence to only drive light motor vehicle, whether the Insurance Company can claim exoneration from its liability on the ground that the driver had no valid driving licence at the time of the accident.

(3.) The facts of the case are that on 2.6.2006, the deceased Sasi @ Sasikumar, son of the claimant/the 1st Respondent herein was traveling in a mini lorry as a cleaner from Pollachi to Valparai. The driver of the mini lorry drove the mini lorry in a rash and negligent manner and hit against the bus which was coming on the opposite direction, as a result of which, the mini lorry rolled down, causing fatal injuries to the deceased. The Tribunal, while dealing with the aspect of rash and negligent driving, examined the evidence placed on record and held that the accident had occurred only due to the rash and negligent driving of the driver of the mini lorry.