ORIENTAL INSURANCE CO LTD Vs. SIVAMMAL

JUDGEMENT

(1.) THE Civil Miscellaneous Ajppeals are filed by the Insurance Company challenging the finding of the Tribunal with regard to the liability of the Company to pay compensation. C. M. A. No. 1163 of 2005 is filed against the award passed in M. C. O. P. No. 1285 of 2003 on the file of the Motor Accident Claims tribunal (Additional District Judge/fast Track court No. 2) Tirunelveli, dated 20-9-2005. C. M. A. Nos. 8 to 12 of 2004 are filed against the award passed in respect of M. C. O. P. Nos. 369 to 373 of 2002 on the file of the motor Accident Claims Tribunal (Sub-Court)Tenkasi dated 29-9-2005. Since the question of law and the facts involved are one and the same, all the Appeals are taken up together and disposed of by a common judgment

(2.) BRIEF facts leading to the Appeal are as follows: On 14-7-2002 at 8. 45 a. m. , when velsamy (since deceased) and five others were traveling in an Auto-rickshaw bearing registration No. TN-72-U-1175, owned by the second respondent and insured with the appellant-Insurance Company, near kandasamy Sand Quarry, the driver of the autorickshaw drove the vehicle in a rash and negligent manner and capsized it. The said velsamy died on the spot and the rest of the passengers sustained injuries. Legal representatives of the deceased filed m. C. O. P. No. 1285 of 2005 and other injured passengers filed separate claim petitions in m. C. O. P. Nos. 369 to 373 of 2002 andclaimed compensation.

(3.) THE appellant-Insurance Company resisted the claim petition, contending inter alia that the driver of the Autorickshaw did not possess valid and effective licence for driving a transport vehicle at the time of accident and the insured has violated the policy condition. Therefore, the appellant-Insurance Company is not liable to pay compensation.