UNITED INDIA INSURANCE CO LTD Vs. K MURALIDHARAN

JUDGEMENT

(1.) As against the Award passed by the Motor Accident Claims Tribunal (Special Sub Judge-I dealing with the MCOP cases), at Chennai in M.C.O.P.No.651 of 2010, dated 13.03.2014, the Insurance Company has come out with an Appeal in C.M.A.No.65 of 2015, questioning the liability fixed on the owner of the vehicle, and to pay the compensation on behalf of the owner of the vehicle and to recover the same from him.

(2.) The facts leading to the filing of the Claim Petition are as follows:-On 17.12.2018, at about 11.00 Hrs., when the 1st Respondent herein, was crossing the Road at K.H.Road, near Noor Hotel from North to South, the 2nd Respondent's vehicle, namely HERO HONDA SPLENDER. , bearing Registration No.TN 02 E 3404 came from the East - West direction very rashly and negligently and hit the 1st Respondent herein, resultantly he felt unconscious and sustained grievous injuries. Further, the accident happened only due to the rash and negligent act of the vehicle by its rider. The 2nd Respondent herein, being the owner, and the Appellant herein, being the Insurer of the Motor-cycle, both are jointly and severally liable to-pay the compensation.

(3.) The Claim Petition was opposed by the Appellant herein/Insurance Company, contending that the accident was caused by the careless and negligent act of the Claimant and the 2nd Respondent herein,/ the Claimant is called upon for strict proof of the allegations relating to the nature of injury, period of treatment, loss of income, medical expenses incurred, transportation charges, extra nourishment, disability and loss occurred to him, the Claimant and the 2nd Respondent herein, alone are responsible for the accident and the claims made under various "Heads" by way of compensation are excessive. It is further contended that the second respondent herein allowed one M. Ranjith, son of Mahendran residing at No.20/35A, Ramanathan Street, Ayanavaram, Chennai-23, to ride the vehicle without driving license and he was a minor at the time of accident ie.,on 17.12.2008 and dashed against the Claimant who sustained injuries. Further, the said accident was reported to K4 Anna Nagar Police Station and the same was registered in Crime No. 669/ASI/2008 and the Traffic Police found that the minor rider was not possessing valid driving license and he was charged under Sec. 338 of IPC, Sec. 184 of M.V. Act, r/w Sec. 181 of M.V. Act and the minor was convicted by the learned XII Metropolitan Magistrate Juvenile Court and paid a fine of Rs.600 on 06.01.2010 in J.C.No.295 of 2009. Furthermore, as the second respondent allowed the minor to ride his own vehicle who was not possessing valid driving license and caused injuries to the claimant and the second respondent violated the terms and conditions of the policy, he alone is responsible to pay the compensation to the claimant and sought for dismissal of the Claim Petition.