NATIONAL INSURANCE CO LTD Vs. S V DURAISWAMY

JUDGEMENT

(1.) CIVIL miscellaneous appeal preferred under Section 173 of Motor Vehicles Act, 1988 against the judgement and decree dated 9.4.2002 in M.C.O.P.No.143 of 1999 on the file of the Motor Accident Claims Tribunal (Additional District Court) Fast Track-2, Gobichettipalayam. The appeal has been preferred by the Insurance Company against the award of Rs.3,71,000/- granted to the first respondent/claimant for the injuries sustained by him in the motor accident occurred on 24.2.1998.

(2.) THE case of the first respondent/claimant was that while he was returning from his office by bi-cycle, an auto driven in rash and negligently by the second respondent hit the petitioner and in the result, the first respondent was thrown away on the road and suffered head injuries. He was immediately taken to hospital and latter referred to Kovai Medical Centre for further treatment. For the injuries sustained by him, the claimant sought for a sum of Rs.10,000,00/-. THE said claim petition was resisted by the appellant.

(3.) A perusal of the award would show that the Tribunal considered the fact that the second respondent, auto driver was having valid driving license meant for driving passenger vehicle. When the auto driver was having license to drive passenger vehicle, the contention of the Insurance Company that he did not have proper effective license has got no substance. The said contention of the Insurance Company was correctly negatived by the Tribunal and hence this court does not interfere with the findings of the Tribunal in this regard.