The insurance company cannot be held liable to pay compensation when the rider of the vehicle did not possess a driving licence.

1. This appeal has been preferred by the insurance company challenging the award dated 31.08.2009 passed by the Motor Accidents Claims Tribunal (Additional District Judge, Fast Track Court No.I), Salem, in M.C.O.P.No.207 of 2005.

2. It is the case of the 1st respondent/claimant before the Tribunal that on 24.12.2004 while he was walking towards the old bus stand, Salem on Anna Nagar Housing Board Road, a TVS 50 XL Super bearing registration No.TN-30-F-1931 came from the opposite direction in a rash and negligent manner and dashed against him and thus, caused the accident. At the time of the accident, the said two wheeler was driven by one Mariappan. For the injuries sustained in the accident, the claimant made a claim for a sum of Rs.4 lakhs against the owner of the vehicle, the 2nd respondent herein as well as the insurer of the vehicle, the appellant herein. The appellant insurance company contested the claim petition by taking a defence that at the time of accident, the rider of the two wheeler did not possess a driving licence to drive that vehicle and as such, the claim petition against them has to be dismissed. In order to prove the claim, the claimant examined himself as P.W.1 besides examining one doctor as P.W.2 and marked Exs.A-1 to A-10 and on the side of the insurance company, one Sankaranarayanan was examined as R.W.1 and Exs.B-1 to B-3 were marked. The Tribunal, after analysing the evidence both oral and documentary, awarded a sum of Rs.74,163/-and directed the owner as well as the insurer of the vehicle to pay the same. Aggrieved over the same, the insurance company has filed the present appeal.

3. Learned counsel for the appellant insurance company submitted that when the rider of the vehicle did not have any driving licence at the time of accident, the insurance company cannot be made liable to pay the compensation amount. Therefore, the finding of the Tribunal in fixing the liability on the part of the insurance company to be set aside and consequently, the appellant has has to be exonerated from their liability in paying the compensation. In support of his contentions, the learned counsel has also relied upon the decisions reported in the case of SARDARI & OTHERS ..vs.. SUSHIL KUMAR & OTHERS (2008(1) TN MAC 294 (SC), ORIENTAL INSURANCE CO.LTD., PONDICHERRY ..vs.. ANBU THIAGARAJAN AND ANOTHER (2009(2) TN MAC 364) and DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO.LTD., ..vs.. V.CHANDRAN AND ANOTHER (2010 (1) TN MAC 65).

4. Per contra, the learned counsel for the 1st respondent/claimant submitted that the non-possession of the driving licence is only a violation to the conditions of the policy and under such circumstance, the insurance company has to be directed to pay the compensation amount and permitted to recover the same from the owner of the vehicle. In support of his contention, the learned counsel relied on the decisions reported in the case of NATIONAL INSURANCE CO.LTD., ..vs.. SWARAN SINGH AND OTHERS (2004(1) TN MAC 104 (SC), UNITED INDIA INSURANCE CO.LTD., ..vs.. K.G.VIMALA AND OTHERS (2010(1) TN MAC 340) and UNITED INDIA INSURANCE CO.LTD., ..vs.. ASHA DEVI (2010(1) TN MAC 680(DB)(All.)

5. By way of reply, the learned counsel for the appellant submitted that when the rider of the vehicle did not have a driving licence, the question of paying and recovering the compensation amount from the owner of the vehicle does not arise.

6. Heard the learned counsel for the parties.

7. In view of the submissions made by the learned counsel appearing on either side, the question that has arisen in this case is, whether the insurance company can be held liable to pay the compensation when the rider of the vehicle did not possess a driving licence as prescribed under law, at the time of accident. In this regard, a reference could be placed on the judgments relied on by the learned counsel on either side. In 2008(1) TN MAC 294 (SC) (supra), the Honble Apex Court has held as follows: "7. The concurrent finding