ICICI LOMBARD GENERAL INSURANCE CO. LTD Vs. KANNUSAMY

JUDGEMENT

(1.) In this appeal the insurer disputes its liability to pay the compensation amount. The accident occurred on 4.1.2007. The claimant sustained multiple injuries. The Tribunal awarded him Rs. 1,55,000.

(2.) According to the learned counsel for the appellant, the offending vehicle is a Minidoor Auto, a goods vehicle. The driver had LMV driving licence, Exh. R1. He did not have badge to drive that type of vehicle. There is violation of terms and conditions of policy. So, the insurance company is entitled to avoid the liability.

(3.) On the other hand, the learned counsel for the respondent No. 1 would submit that the claimant is a third party, at the time of accident the policy was in force, in such circumstances, the insurance company cannot avoid its liability.