VEERAMMAL Vs. SEKAR

JUDGEMENT

(1.) This is a claimant's appeal, as against the exoneration of the insurer from its liablity.

(2.) On 15.6.20105, on the Aruppukkottai National Highways, one Alagar was dashed by the vehicle owned by the first respondent namely, Sekar and the vehicle has been insured with the second respondent/United India Insurance Company. The Alagar lost his life. His dependants namely, claimants 1 to 3 have claimed compensation in M.C.O.P.No.23 of 2006 before the Motor Accident Claims Tribunal, Sub-Court, Aruppukkottai.

(3.) The Tribunal found that the driver of the insured vehicle was at negligence and awarded total compensation of Rs.72,000/- with interest at 7.5%p.a as against the vehicle owner. However, it exonerated the insurer , on the ground that at the time when the accident took place, the driver was not having valid driving licence and construed it as a violation of terms and conditions of Policy.