NEW INDIA ASSURANCE CO. LTD. Vs. M. BHAGAVATHY

JUDGEMENT

(1.) THIS civil miscellaneous appeal is directed against the judgment and decree dated 28.8.2001, made in MACT.OP No. 607 of 1998, on the file of the Motor Accidents Claims Tribunal (II Additional District Judge) at Tirunelveli.

(2.) THE brief facts arising out of this appeal are as under : On 17.6.1997, one Muthupandi was riding his new vehicle TVS -Champ along with his cousin Subramanian as pillion rider, from Kalakkad to Kottai from west to east direction towards the left side of the road to purchase certain articles. At about 3.30 p.m., a tractor bearing Registration No.TN -72 -B -4502, along with a trailer bearing Registration No.TN -72 -B -4503, came from behind in a rash and negligent manner and dashed against the TVS -Champ. As a result of the accident, the said Muthupandi died on his way to the hospital. The said tractor and trailer belonged to the seventh respondent which were insured with the appellant/Insurance Company. The respondents 1 to 6/claimants are the legal heirs of the deceased. They claimed a compensation of Rs.4,00,000 before the Tribunal. Before the Tribunal, on behalf of the claimants P.W.1 and P.W.2 were examined and Ex.P -1 to Ex.P -6 were marked. On behalf of the Insurance Company, R.W.1 to R.W.3 were examined and Ex.R -1 to Ex.R -7 were marked. On consideration of the materials and evidence on record, the Tribunal held that the accident had occurred only due to the rash and negligent driving of the driver of the tractor and awarded a compensation of Rs.1,99,000 with interest at 9% p.a. from the date of petition. Aggrieved by the award, the Insurance Company has filed the present appeal.

(3.) LEARNED counsel for the appellant/Insurance Company has submitted that the Tribunal has erred in fastening the liability on the Insurance Company without properly appreciating the oral and documentary evidence adduced by the appellant that the insured owner of the tractor had committed breach of policy condition by allowing a person without valid driving license to drive the insured vehicle at the time of accident. It is therefore submitted that the Insurance Company is not liable to pay any compensation.