NEW INDIA ASSURANCE CO LTD Vs. NANCY

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the Appellant/ Insurance Company challenging the Judgment and degree dated 24.11.2010 passed by the Motor Accidents Claims Tribunal /Chief Judicial Magistrate, Nagapattinam. In the Claim Tribunal, the 1st respondent in this appeal is the claimant and the 2nd respondent is the 1st respondent, who is the owner of the offending vehicle. Further, the appellant herein is the 2nd respondent/insurer. For the sake of convenience, the parties are referred to as per their status before the Tribunal. This is the case of injury.

(2.) In the claim Tribunal, the case of the petitioner is as follows.

(3.) On the other hand, opposing the claim of the petitioner by filing the counter, the 2nd respondent Insurance Company denied the accident and contended that the accident was happened only due to the rash and negligent act of the injured. It was further contended on the side of the Insurance Company that during the time of accident, the driver of the 1st respondent vehicle is not possessed with valid Driving License and thereby the 2nd respondent is not liable to pay any compensation to the injured. Before the Tribunal, the petitioner was examined as PW 1, the doctor who issued the Disability Certificate to the petitioner was examined as PW 2. Further on the side of the petitioner, 19 documents were exhibted as Ex.P.1 to Ex.P.19.