K.ANNAMALAI Vs. B.ARUNKUMAR

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed against the Judgement and Decree dated 18.07.2000 made in MCOP.No.3240/1996 by the learned II Judge, Small Causes Court (MACT) Chennai.

(2.) By the impugned award, the Tribunal held that the accident had occurred due to the rash and negligent driving of the motorcyclist, however, since he had no valid driving licence at the time of the accident and the owner having allowed the rider to use the vehicle without having a valid licence, exonerated the Insurance Company from paying compensation and directed the owner/the 1st Respondent herein to pay compensation of Rs.1,67,961/- with interest at 12 per cent p.a. from the date of the claim petition till the date of realization. The Appellant/claimant has challenged the said finding and the also quantum of compensation by filing this appeal.

(3.) There is no dispute that the motorcycle which caused the accident was ridden by one Jayakamal, who had no driving licence at the time of the accident. A case has been registered in Cr.No.4255/1995 under Section 337 read with 184 of the Motor Vehicles Act and after investigation, he has been charge-sheeted in CC.No.9566/1995 under Sections 338 and 184 read with 3 and 181 and 134A and B of the Motor Vehicles Act. The evidence placed on record also proved that he has admitted the guilt and paid fine for the said offences. The Insurance Company has examined the Sub Inspector of Police concerned to prove the said facts. The Administrative Officer of the Insurance Company has also been examined to prove the fact that the rider had no driving licence to drive the motorcycle at the time of the accident. Therefore, the finding of the Tribunal that the driver of the offending vehicle was not having valid driving licence at the time of the accident and there was violation of the policy conditions and consequently exonerating the Insurance Company from liability is confirmed.