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2000 Supreme(Mad) 27

K.SAMPATH
NATIONAL INSURANCE CO. LTD – Appellant
Versus
SUNDAR RAJ – Respondent


Advocates Appeared:
For the Appearing Parties:Kala Ramesh, N. Paul Vasantha Kumar, Advocates.

Judgment :

SAMPATH, J.

(1) THE insurance company is the appellant. The appeal has been filed against the award passed by the Motor accidents Claims Tribunal, Padmanabhapuram in M. C. O. P. No. 9 of 1989 on 31. 3. 1993 against the appellant insurance company.

(2) IN an accident involving an autorickshaw belonging to the respondent No. 2 in the appeal and insured with the appellant herein, the respondent No. 1 was injured and he made a claim for Rs. 60,000 as compensation. The respondent No. 3 was the driver of the autorickshaw.

(3) THE only question arising for consideration in the present appeal is as to whether the insurance company can be made liable for payment of the compensation inasmuch as the driver did not have a valid endorsement for driving the autorickshaw.

(4) ADMITTEDLY the driver though held a licence for driving a light motor vehicle did not have an endorsement for driving an autorickshaw. The Tribunal found that the autorickshaw is only a light motor vehicle and the licence to drive the light motor vehicle would also cover the case and the insurance company is, therefore, liable to indemnify the owner of the vehicle.

(5) 5. Mrs. Kala Ramesh, learned counsel appearin












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