UNITED INDIA INSURANCE CO LTD Vs. HABINEESHA

JUDGEMENT

(1.) THIS appeal is focussed as against the Fair and decreetal order dated 31. 01. 2000, made in M. C. O. P. No. 312 of 1999, on the file of the Motor Accident claims Tribunal (Additional District Judge cum Chief Judicial Magistrate), karur.

(2.) HEARD both sides.

(3.) BEING aggrieved by the award of the Tribunal the insurance company filed this appeal on the following main grounds: the rider of the motor cycle viz. Senthilkumar had no driving licence at the time of the accident. Despite amble evidence adduced, specifically the very letter sent by one Senthilkumar, driver of the vehicle, marked as Ex. R. 4 before, the Tribunal in addition to having marked Ex. R. 2, the claim form given by the owner of the vehicle stating that the rider of the motor cycle had no driving licence, the Tribunal developed doubts on the genuineness of the plea of the insurance company and simply made the insurance company liable directly for the injuries sustained by the claimants.