RELIANCE GENERAL INSURANCE CO LTD Vs. KARTHIK CHANDRAN

JUDGEMENT

(1.) The accident took place on 14.04.2011 at about 03.00 p.m., near Mookan Thottam on Koovanoothu - Kurumpatti road and it is a case of grievous injury and the claimant sustained multiple injuries all over his body.

(2.) The claim petition was filed in M.C.O.P.No.111 of 2012 before the file of the Motor Accident Claims Tribunal - Chief Judicial Magistrate, Dindigul. Considering the facts and circumstances of the case, the Tribunal awarded the total compensation of Rs.4,95,000/- (Rupees Four Lakhs and Ninety Five Thousand only) to the claimant. Aggrieved over the same, the appellant- Insurance Company is before this Court.

(3.) The main grievance of the appellant-Insurance Company is that it is a case of 'No Valid Driving Licence' and though the Tribunal found that the driver who was driving the vehicle, was in possession of a driving licence, it is the contention of the appellant-Insurance Company that the driver of the second respondent/owner of the offending vehicle did not possess a "Valid Driving Licence" as he had only a driving licence to drive a Light Motor Vehicle and not a Public Service Vehicle and in that event, the appellant- Insurance Company is not liable to pay the compensation and the Tribunal erred in fastening the liability both on the appellant-Insurance Company and the second respondent/owner of the offending vehicle and hence, the Tribunal ought to have considered the 'pay and recovery theory', but had failed to do so. Hence, the present appeal is filed by the appellant-Insurance Company.