SHENAZ BEGUM Vs. S KAJA MOHIDEEN

JUDGEMENT

(1.) The dependents of a deceased Bank employee, who lost his life in a road accident have appealed as against the decision of the Motor Accident Claims Tribunal(Principal District Judge), Vellore exonerating the second respondent/National Insurance Company from paying them the compensation amount.

(2.) On 13.11.2003, at about 9.30 a.m., near a petrol bunk, in Bharathi Street, in Ranipet, Vellore District the four-wheeler bearing the registration No.TN-23-L-4147, came driven in a rash and negligent manner hit against Mohamed Pazurullah, who was then driving his Bajaj Scooter. In this, the scooterist lost his life. His wife/first appellant and others have sought for compensation in M.C.O.P.No.119 of 2004 from the Motor Accident Claims Tribunal(Principal District Judge) Vellore. The Tribunal determined the compensation totally at Rs.5,93,760/-.

(3.) The Tribunal directed the first respondent(vehicle owner) to pay the appellants the said compensation amount. It had exonerated the second respondent(Insurance Company) from paying the compensation amount since at the time of accident, the driver of the first respondent was not having driving licence. The Tribunal also held that as the first respondent had wilfully placed the vehicle in the possession of an unlicensed person and the claimants have also not proved that the vehicle owner has sufficient assets to enable the Insurance Company to recover the compensation amount from him, it did not direct the insurance company to pay the compensation amount to the claimants and recover it from the vehicle owner.