SUSAIRAJ Vs. GURUPRASAD

JUDGEMENT

(1.) In an accident, which occurred on 26.6.2010, a third party victim sustained injuries. A criminal case has been registered in Crime No. 294 of 2010, against the driver of the two-wheeler, viz., Hero Shine bearing registration No. TN 25-M 5166, under sections 279 and 337, Indian Penal Code on the file of Vettavalam Police Station. For injuries, disablement, treatment, medical expenses incurred and under other heads, he claimed compensation of Rs. 5,00,000 against the owner of the vehicle and his insurer, Oriental Insurance Co. Ltd., Sathuvacherry, Vellore, respondent Nos. 1 and 2 herein, respectively.

(2.) The insurance company has disputed the manner of accident and its liability to pay compensation to the third party victim on the ground that the driver of the offending vehicle did not possess a valid and effective driving licence at the time of the accident and when there is a breach of policy conditions, liability cannot be fastened on them.

(3.) Before the Claims Tribunal, the appellant examined himself as PW 1 and reiterated the manner of accident. To prove that he suffered disability, he has examined PW 2, doctor. Exh. PI, F.I.R., Exh. P2, accident register, Exh. P3, discharge summary, Exh. P4, disability certificate and Exh. P5, X-ray have been marked on the side of the appellant. To prove that the driver of the vehicle bearing registration No. TN 25-M 5166, insured with the respondent No. 2, did not possess a valid and effective driving licence, the insurance company has examined a Junior Assistant from the office of the Regional Transport Office, Tiruvannamalai, as RW 1. He has deposed that from 2.12.2009 to 1.6.2010, the driver was issued only with a learner's licence. RW 2, Assistant Manager in the insurance company, has also reiterated the same. Exh. Rl, letter issued by the Assistant Licensing Authority to the insurance company, Exh. R2, policy pertaining to the two-wheeler, Exh. R3, Investigating Officer's report and Exh. R4, the charge-sheet, have been filed on the side of the insurance company.