MANAGER NATIONAL INSURANCE COMPANY LIMITED Vs. EASIKUMAR

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred against the Judgment and Decree in M.C.O.P.No.253 of 2008, dated 11.07.2012, on the file of the Motor Accident Claims Tribunal, Subordinate Court, Valliyoor.

(2.) The 1st respondent herein is the claimant / injured in M.C.O.P.No.253 of 2008, on the file of the Motor Accident Claims Tribunal, Subordinate Court, Valliyoor. The 2nd herein is the owner of the vehicle viz., Auto, bearing Registration No.TN-72-F-6675, in which, the claimant was travelled on 29.09.2008 and was caused injuries in the accident. The appellant / Insurance Company herein is the insurer of the above said vehicle and the policy was in force on the date of accident. The claimant filed the above claim petition under Sections 140 & 166 of the Motor Vehicles Act, seeking for a restricted compensation of Rs.6,00,000/-, for the injuries sustained by him in the accident in which, the auto capsized, due to rash and negligent driving by the driver of the said auto.

(3.) The owner of the vehicle was set ex-parte in the claim proceedings. The insurer alone contested the case by filing a counter statement that the driver of the auto, who drove the vehicle, was a minor and was not having driving licence to drive the auto on the date of accident and the vehicle owner has violated the policy condition and also permit condition for plying the auto and hence, the insurer is not liable to pay any compensation to the claimant / injured for the said accident.