NATIONAL INSURANCE CO LTD GOBICHETTIPALAYAM Vs. RAVINDRAN

JUDGEMENT

(1.) The Insurance Company aggrieved against the award passed by the Tribunal has filed the above Appeal. On 1.12.1994 the first respondent was riding T.V.S.50 bearing Registration No. T.N. 3 6 -4460 on the left side of the Bhavani to Kavundapadi Road. At that time one Duraiswamy @ Kaliappan, the second respondent herein was driving his Moped bearing registration No. TAE.9630 in a rash and negligent manner on the wrong side of the road from west to east and dashed against the first respondent vehicle. Due to the accident. the first respondent sustained injuries. The first respondent claimed Rs. 1,50,000/ - as compensation. The Tribunal after considering the oral and documentary evidence: found that the accident took place only due to the rash and negligent driving of the second Respondent and awarded a compensation of Rs. 45,000/ - to the claimant.

(2.) The appellant/Insurance Company has filed the above appeal aggrieved against the said award. The learned counsel for the appellant has submitted that though he had licence to drive four wheelers the claimant was not having any licence to drive the moped on the date of accident. So the Insurance Company is not liable to pay any compensation. As per Sec. 10 of the Motor Vehicles Act a person should have valid licence to drive the moped. The learned "counsel relied on the judgment of (M/s. National Insurance Company Ltd., Gobichettipalayam, v/s. Thulasi and 2 others) reported in, 1994 -1 - L.W.567 in support of his submission that the claimant had no driving licence at all and so the exclusion clause in the policy of Insurance Company would come into play. In the said judgment the Division Bench of this Court has held as follows: