RELIANCE GENERAL INSURANCE CO. LTD Vs. M. PRAKASAM

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred by the Appellant/ Insurance Company, assailing the Award, dtd. 7/8/2024 passed in M.C.O.P. No.909 of 2018 by the Motor Accident Claims Tribunal (Chief Judicial Magistrate Court), Dharmapuri. With the consent of both parties, the Appeal is taken up for final disposal at the admission stage.

(2.) On 7/7/2018, the First Respondent was traveling as a Pillion Rider on a Two-wheeler bearing Registration No.TN-24-Y-1003, proceeding from Bommidi to B. Thurinjipatti via Hosur Road. At that time, a Mahindra Centuro Two-wheeler bearing Registration No.TN-29-AT-6504, owned by the Second Respondent and insured with the Appellant, was driven in a rash and negligent manner by its Driver, colliding with the Two-wheeler carrying the First Respondent. As a result of the impact, the First Respondent/ Claimant sustained grievous injuries. Consequently, the First Respondent filed a Claim Petition seeking a Total Compensation of Rs.50,00,000..00

(3.) The Appellant filed a Counter Statement, denying the averments made in the Claim Petition and contending that the Driver of the Mahindra Centuro Two-wheeler, insured with the Appellant, did not hold a valid Driving License. Consequently, the Appellant asserted that it is not liable to pay any Compensation and sought dismissal of the Petition. The Second Respondent remained absent before the Tribunal and was set ex parte.