UNITED INDIA INSURANCE COMPANY LIMITED Vs. ARUMUGASAMY

JUDGEMENT

(1.) THE appeal is filed by the insurance company challenging the liability to pay compensation on the ground that the driver of the offending vehicle did not have a licence at all to drive the vehicle at the time of accident.

(2.) THE claimant filed a petition before the tribunal claiming a sum of Rs.5,00,000/- as compensation in respect of injuries sustained by him. As against the claim made, the tribunal has passed an award for a sum of Rs.31,500/-.

(3.) IT is contended by the learned counsel representing the petitioner that he was possessing a license, but, as it was missed / misplaced , he was not in a position to produce the license. This contention cannot be accepted, because,even if the license is missed or misplaced, it may not be very difficult to obtain a copy of the license and to produce it. Therefore, the contention of the learned counsel for the insurance company that it is an after thought and only in order to cover-up the admission made by the father that there was no license, the theory of misplcement has been invented has to be accepted. Therefore, this Court hold that the driver was not having a license to drive the vehicle at the time of accident.