THE ORIENTAL INSURANCE CO. LTD., NO. 19/II FLOOR, III CROSS, CHIKKANNA GARDEN, SHANKARMUTT COMPOUND, CHAMRAJPET, BANGALORE Vs. K. THAMBITHURAI

JUDGEMENT

(1.) The accident took place on 11.11.2006 at about 13.45 hours, at Vaniyambadi - Krishnagiri Road near Duroflex Matresses Company and it is a case of grievous injury and the claimants sustained multiple injuries all over their bodies.

(2.) The claim petitions were filed in M.C.O.P. Nos. 240 to 242 of 2007 before the file of the Motor Accident Claims Tribunal - Chief Judicial Magistrate, Karur. Considering the facts and circumstances of the case, the Tribunal awarded the total compensation of Rs. 72,300.00 (Rupees Seventy Two Thousand and Three Hundred only); Rs. 76,000.00 (Rupees Seventy Six Thousand only) and Rs. 1,29,600.00 (Rupees One Lakh Twenty Nine Thousand and Six Hundred only) to the respective claimants.

(3.) The learned Counsel for the appellant in all the appeals contended that the Tribunal has made a categorical finding that the driver of the offending vehicle was not having a valid driving licence to drive the lorry and this fact was not disputed by the claimants during the trial before the Tribunal and further that the appellant/second respondent Insurance Company was directed to pay the compensation to the claimants and recover the same from the owner of the offending vehicle and accordingly, 'pay and recovery' was ordered by the Tribunal and the same is to be confirmed in these appeals also in view of the principles laid down in the decision of the Honourable Supreme Court in Oriental Insurance Co. Ltd., Vs. Nanjappan and others reported in (2004) 13 Supreme Court Cases 224.