ORIENTAL INSURANCE CO. LTD. Vs. M. THENNARASU

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the Insurance company questioning the liability of the Insurance Company to pay the award amount in the absence of driving licence to the rider of the vehicle responsible for the accident and the cross-objection has been filed by the claimant seeking enhancement.

(2.) The case of the claimant is that when he was travelling in his two wheeler bearing No TN 29 AZ 5663, the rider of another two wheeler TN 29 AZ 5276 came in the opposite side in a rash and negligent manner and crashed on the claimants bike. Hence, the claimant filed the claim petition seeking a compensation of Rs.10,00,000/- for the injuries suffered by him as a result of the accident that took place on 11.09.2006.

(3.) The owner of the offending vehicle has not contested the matter. The Insurance company claimed that the rider of the vehicle had no valid driving licence and therefore, sought for absolving their liability.