BRANCH MANAGER Vs. VINCENT

JUDGEMENT

(1.) It is a case of injury. There is no dispute with regard to the manner of the accident. The Tribunal has awarded a sum of Rs.58,010/- as compensation with interest at the rate of 7.5% from the date of petition till the date of realization. The appellant / Insurance company was directed to pay the entire compensation to the claimant. The appellant / Insurance Company has filed this appeal only questioning the liability.

(2.) The learned counsel appearing for the appellant / Insurance Company would submit that the driver of the vehicle, which insured with the appellant / Insurance Company had no valid driving license at the time of the accident and therefore, the Tribunal ought to have exonerated the appellant / Insurance Company from paying the compensation as there was a breach of policy condition. But, the Tribunal has erroneously directed the appellant / Insurance company to pay the entire compensation to the claimant. Thus, he prayed to allow this appeal and to exonerate the appellant / Insurance Company from paying the compensation.

(3.) Heard the learned counsel appearing for the parties and perused the records carefully.