ANANDAVALLI Vs. HAJA MOHIDEEN

JUDGEMENT

(1.) Claimants 1 to 6, aged 45, 25, 22, 23, 20 and 19 years respectively, filed a claim petition for compensation in respect of death of one Ilanthirayan. The deceased aged 48 years, doing agricultural work, succumbed to the injuries sustained in the accident that took place on 07.01.1997. The claim was resisted by the 1st respondent as the owner, the 2nd respondent as the insurer of the vehicle and 3rd respondent as driver of the vehicle.

(2.) This is a case, where, the Insurance Company itself admits that the vehicle is involved in the accident and is covered by the valid policy of the insurance, but the driver of the vehicle was not possessed of a valid driving licence and, therefore, it is contended that the Insurance Company is not liable to pay the compensation.

(3.) The 3rd respondent, who was the driver of the vehicle filed a counter saying that he was in possession of valid driving licence. But, neither he has chosen to examine any witnesses nor has chosen to produce the driving licence. But, the Tribunal, without looking into the said aspect, held that the driver and the owner are jointly and severally liable to pay the compensation and not the Insurance Company. Aggrieved against the same, the claimants have filed this appeal contending that when the Insurance Company admitted the fact that the only impediment being lack of proof on account of the valid driving licence, but did not prove the same, the Tribunal ought not to have exonerated the Insurance Company from the payment of liability.