UNITED INDIA INSURANCE CO. LTD. Vs. DANDI RAMESH

JUDGEMENT

(1.) Aggrieved by the Award and decree dated 12.04.2006 passed in O.P.No.167 of 2003, on the file of the I-Additional Motor Accidents Claims Tribunal, Nellore (herein after referred to as Claims Tribunal ), the present appeal has been preferred.

(2.) The appellant i.e., the 2nd respondent-Insurance company in the aforesaid O.P., filed the present appeal and the facts relevant for the purpose of the present appeal are briefly narrated as under:

(3.) The 1st respondent who is the claimant filed O.P.No.167 of 2003 on the file of the I-Additional Motor Accidents Claims Tribunal, Nellore, claiming compensation of Rs.1,00,000/- for the injuries sustained by him in a road accident that took place on 06.09.2002. The appellant/ 2nd respondent-Insurance company filed its counter, inter alia, contending that the driver of the offending vehicle is not having driving license as on the date of accident i.e., on 06.09.2002 and that since there is a violation of terms and conditions of policy, the appellant/ nd respondent-insurance company is not liable to pay the compensation.