PERIYATHAMBI @ NALLAIYAN Vs. PERIYANNAN

JUDGEMENT

(1.) There was a road accident on 17-07-2004 at a three road junction at Samiyapalayam in which a moped and a school van were involved. The claimant/the first respondent herein was the pillion rider of a moped of which the appellant herein was the rider cum owner. Their case was that the school van (belonging to the third respondent and insured with the fourth respondent herein) was driven negligently and it knocked down the moped owing to which both the rider as well as the pillion rider have suffered injuries. Both of them have preferred separate claims against the driver, owner of the van and its Insurance Company. In the claim petition filed by the pillion rider from which the present appeal arises, the appellant/rider of the motorcycle was not made as a party. In this setting, the Tribunal has passed an award for Rs. 1,92,034.00 as compensation payable to the pillion rider, but it has apportioned the liability on equal terms and fastened 50% liability on the appellant herein (owner of the motorcycle) and the remaining 50% was imposed on the owner and the Insurance Company of the offending vehicle.

(2.) The learned counsel for the appellant submitted :

(3.) Per contra, the learned counsel for the fourth respondent/Insurance Company (third respondent before the Tribunal) vehemently contended that the Tribunal has entered a positive finding that the appellant did not possess a driving licence at that relevant time and did not even produce the vehicle for inspection for Motor Vehicle Inspector. Based on the above conduct of the appellant, the Tribunal appeared to have drawn adverse inference against the appellant and it fastened 50% liability on him and the same is in order.