UNITED INDIA INSURANCE COMPANY LIMITED Vs. KALIYAPERUMAL

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed against the Judgement and Decree dated 25.1.1999 made in MCOP.No.48/1997 by the learned Principal Sub Judge (MACT) Nagapattinam, holding that the Appellant Insurance Company is liable to indemnify the owner and to pay a compensation of R.1,41,076/- to the injured claimant/the 1st Respondent herein with interest at 12 per cent p.a.

(2.) THE learned counsel for the Appellant Insurance Company submitted that the offending vehicle is a Taxi and the driver had the driving licence authorizing him to drive LMVs and the said driving licence did not authorise him to drive the offending vehicle (Taxi) and therefore, the driver had no valid and effective driving licence to drive the vehicle at the time of the accident. It was accordingly submitted that as the driver had driving licence to drive only LMVs, the findings of the Tribunal that the driver had a valid driving licence at the time of the accident to drive the offending vehicle is erroneous and unsustainable.

(3.) THE Honourable Supreme Court in the decision reported in Nagashetty Vs. United India Insurance Co. Limited (2001-ACJ-1441-SC), has observed as under:-