V. APPAVU Vs. THE DIVISIONAL MANAGER, THE NEW INDIA ASSURANCE COMPANY LIMITED, 66, MELA PULIWARD ROAD, TRICHY

JUDGEMENT

(1.) The accident took place on 15.02.2009 at about 13.40 hours at Thuraiyur - Trichy Road, near Devi Gas Company. Unfortunately, it is a case of fatal accident and the parents of the deceased are the claimants, who filed the claim petition in M.C.O.P. No. 5031 of 2013 before the file of the Motor Accident Claims Tribunal - Special District Judge, Trichy. Considering the facts and circumstances of the case, the Tribunal awarded the total compensation of Rs. 8,60,000/- (Rupees Eight Lakhs and Sixty Thousand only) as compensation to the claimants and the present appeal is filed by the New India Assurance Company Limited solely on the ground that it is a case of 'No Driving Licence' and therefore, 'pay and recovery' is to be ordered.

(2.) The findings of the Tribunal are not disputed by the respective parties with regard to the non-possession of a valid driving licence by the driver of the vehicle and in fact, the licence expired in the year 2003 itself and the accident took place in the year 2009 and even after a lapse of six years, the licence was not renewed and therefore, it is to be treated as if the driver of the vehicle was not having any licence at the time of the accident.

(3.) The learned Counsel for the appellant in both the appeals contended that it is a case of driving without licence and it is proved before the Tribunal that the driver who was plying the vehicle was not in possession of a valid driving licence and accordingly, pay and recovery has to be ordered.