RELIANCE GENERAL INSURANCE CO. LTD, VILLUPURAM Vs. SARASU

JUDGEMENT

(1.) This civil miscellaneous appeal has been filed challenging the judgment and decree dtd. 18/3/2020 in MCOP.No.142 of 2018.

(2.) The learned counsel for the claimant would submit that on 3/2/2013 when one Poongavanam was riding a bi-cycle at Marakkanam to Tindivanam Road, a Motor Cycle TVS Sport bearing Registration No.TN-16A-1863 came in a rash and negligent manner and dashed against him, due to which he was died at the Hospital on the same day. Considering all the aspects, the Tribunal had awarded the compensation in the following manner:

(3.) He would further submit that in the present case, there is no dispute with regard to the occurrence of accident and quantum of compensation awarded by the Tribunal. The only issue that has to be decided in this matter is with regard to the fixation of liability. Further, he would submit that the owner of the vehicle/9th respondent had insured his motorcyle with the appellant, however at the time of accident, 9th respondent was not having any valid driving license. In this regard, a letter has also been sent by the Tribunal to the 9th respondent, however, no reply was received by the appellant. The aforesaid aspects were recorded in the order passed by the Tribunal. Further, in the said order, it has been stated that since no charge has been framed with regard to the non-possession of driving license against the 9th respondent in Ex.P8/Charge Sheet, the Tribunal had failed to consider the contention made by the appellant before the Tribunal. Hence, he would contend that the Tribunal is supposed to decide independently based on the records available and it is not proper for the Tribunal to arrive at a conclusion merely based on the Ex.P8/ charge sheet, wherein the police had failed to include the charge of non-possession of driving license. Thus, insurance company is no way liable to pay the compensation. That apart, he would submit that the entire award amount has already been deposited by the Tribunal and hence, he requests this Court to order pay and recovery from the 9th respondent.