NATIONAL INSURANCE CO. LTD Vs. JOHNPANDIAN @ JOHN

JUDGEMENT

(1.) THIS is an insurer's appeal.

(2.) ON 24.2.2006, John, a minor boy sustained injury. It was caused by a mini door auto. The Tribunal granted him Rs.1,98,000/-, as compensation.

(3.) ON the other hand, the learned counsel for the first respondent would contend that in the M.V.I. Report, since Rosario Sahayaraj's name appeared, the same has been mentioned in the petition. Later, on verification, it was found that the second respondent has drove the vehicle. Even if Nagaraj is held to be not holding a driving licence, since the injured boy is a third party and the policy was also in force, he should not be allowed to suffer, the Company can pay the amount to the boy and recover it from Nagaraj. In this respect, the learned counsel would cite JAWAHAR SINGH Vs. BALA JAIN & ORS. [2011 (1) TN MAC 641 (SC)].