VUNDI MANIKYAM Vs. AYODHYALA BALAGANGADHAR CHANDRA SEKHAR

JUDGEMENT

(1.) This appeal is preferred by the claimants in O.P.No.493 of 1993 on the file of the Motor Accident Claims Tribunal-cum-IV Additional District Judge, East Godavari at Kakinada ('the Tribunal' for brevity).

(2.) The claimant, a lady aged about 45 years, met with a scooter accident on 9-3-1993 and sustained injuries on the left leg, left foot and other parts of the body. She made an application under Section 166 of the Motor Vehicles Act, 1988 ('the Act' for brevity) claiming compensation of Rs.75,000/- under various heads. The Tribunal held that the accident occurred due to the rashness and negligence of the first respondent in driving the scooter. It further held that since the first respondent was not having driving licence to drive the two wheeler, it amounts to violation of the conditions of insurance policy, therefore, the Insurance Company is not liable to indemnify the owner. Accordingly the Tribunal awarded Rs.41,000/- with interest and costs making the driver and owner of the scooter, who are respondents 1 and 2, jointly and severally liable to pay the amount and dismissed the claim against the 3rd respondent-Insurance Company.

(3.) The claimant being aggrieved by the order of the Tribunal dated 10-2-1998 preferred this appeal challenging its validity and legality by contending that the Tribunal failed to make the Insurance Company liable to pay the compensation amount.