MANGER, RELIANCE GENERAL INSURANCE CO LTD. Vs. THULASIMANI

JUDGEMENT

(1.) The Appellant Insurance Company has preferred this appeal challenging the award passed by the Motor Accident Claims Tribunal (District Judge),

(2.) The respondents 1 to 4 herein as claimants filed MCOP No. 1 of 2008 against the appellant and the respondents 5 and 6 herein before the Motor Accident Claims Tribunal (District Judge), Karur, alleging that on 15.09.2007 at about 10.15 am, the deceased Jeganathan was riding his Hero Honda Splendor Motor Cycle bearing registration No. TN-09-S-2506 towards south to north near Prabhu Blue Metals at Karur to Dindigul Road, at that time, the driver of the Quails Car bearing registration No. KA-04-A-6519 came from north to south in a rash and negligent manner and hit against the motor cycle, which was driven by the deceased. In that process, the deceased was thrown away and sustained grievous injuries all over the body and thereafter, he was taken to City Hospital, Dindigul and in spite of better treatment, he died on 18.10.2007. The claimants filed the claim petition claiming compensation of Rs. 25,00,000.00.

(3.) The learned counsel for the appellant Insurance Company argued that at the time of the accident, the driver of the offending vehicle/R1's driver had no driving licence to drive the vehicle and hence, the Insurance Company is not liable to pay compensation. Per contra, on the side of the respondents 1 to 4/claimants submitted that at the time of the accident, the driver of the offending vehicle had valid licence to drive the vehicle and hence, the Insurance Company is liable to pay compensation.