ORIENTAL INSURANCE CO. LTD Vs. BANUMATHI

JUDGEMENT

(1.) The Insurance Company is the Appellant herein challenging the Award passed by the Tribunal, dtd. 4/2/2021 made in M.C.O.P. No.79 of 2018 on the file of the Motor Accident Claims Tribunal (Subordinate Judge), Palacode on the ground of liability as well as quantum.

(2.) Before the Tribunal, the Respondents 1 to 4/Claim Petitioners have contended that the accident had taken place due to the rash and negligent driving by the Driver of the Tipper Lorry, the offending Vehicle, who dashed against the Vehicle driven by the deceased. In the said accident, the said Murugesan died on the spot.

(3.) The Appellant/Insurance Company filed Counter Statement denying the averments made in the Claim Petition and stated that at the time of accident, the deceased Murugesan was not possessing valid Driving Licence and while trying to overtake the Tipper Lorry, hit against the same and he himself fell down and sustained injury. It is further contended that on the date of accident, the Tipper Lorry does not have Fitness Certificate to ply on the road and hence, for violation of Policy condition, the Appellant/ Insurance Company is not liable to pay Compensation to the Respondents 1 to 4 and prayed for dismissal of the Claim Petition.