NATIONAL INSURANCE CO. LIMITED Vs. KANNAIYAN

JUDGEMENT

(1.) The above civil miscellaneous appeals are filed by the Insurance company against the award passed by the Tribunal in MCOP.Nos.448/2004, 274/2003 and 217/2003, wherein, the Tribunal passed a common award granting compensation to the claimants therein and directed the insured and insurer to pay compensation jointly and severally.

(2.) The tribunal finding in respect of liability is that if there is violation of policy condition, it would be open to insurer to proceed against owner of vehicle in accordance with law; the insurance company is entitled to recover the amount from the owner of the vehicle who possessed the vehicle at the time of accident.

(3.) The insurance company/appellant herein has taken the ground that the insured has violated the policy condition by permitting to drive the vehicle without valid driving licence and for carrying passengers more than the carrying capacity. It is also their contention that the coverage is 'Act Policy' and the occupants are not covered under the said policy.