UNITED INDIA INSURANCE COMPANY LIMITED Vs. N MEYYAPPAN

JUDGEMENT

(1.) THIS appeal has been preferred against the award passed in M.C.O.P. No. 26 of 1997, dated 23.3.1998, on the file of the Motor Accidents Claims Tribunal - Sub-Court, Devakottai. The second respondent in M.C.O.P. No. 26 of 1997, is the appellant herein. The short facts of the case are as follows:

(2.) ON 10.6.1994, when the claimant was proceeding in an auto bearing Registration No. TN-63-6361 from Karaikudi to Devakottai, the auto driver rashly and negligently had driven the auto and dashed against the road side tree, resulting a fracture on the left leg below the knee to the claimant. So, the claimant had come forward with the claim application claiming Rs. 2 lakhs towards compensation.

(3.) NOW, the point for determination in this appeal is whether the auto driver had valid driving licence to drive the auto and that non-wearing of the badge to drive an auto while holding the driving licence to drive the light motor vehicles, will fasten the insured of the auto/the appellant herein, to indemnify the insurer, as against the third parties to pay, compensatione The Point: