M S ORIENTAL INSURANCE CO LTD Vs. RAJAMANI

JUDGEMENT

(1.) AGGRIEVED by the award dated 29.04.1998 passed in MCOP.No.2761 of 1995 by the Motor Accident Claims Tribunal (First Additional District Judge and Chief Judicial Magistrate), Tiruchirappalli, this appeal is filed by the appellant insurance company, who was the second respondent in the said O.P.

(2.) THE respondents 1 to 6 herein are the legal heirs of one Sakthimohan who had died in a motor accident that had occurred on 26.6.1995 made a claim before the Tribunal claiming a sum of Rs.7,00,000/- as compensation as against the 7th respondent, the owner of the vehicle involved in the accident viz., TVS Suzuki bearing Registration No.TN-45-Y-8640 and the appellant insurance company who is the insurer of the said vehicle.

(3.) BEFORE the Tribunal, the appellant insurance company filed a counter stating that at the time of accident, the two wheeler was driven by one Ramakrishnan, who had only a learner's licence and no pillion rider with the valid driving licence was accompanying him at the time of the accident. Hence, there is a violation to the condition of the policy, and as such, the appellant insurance company is not liable to pay the compensation.