The main legal point established in the judgment is the liability of the insurance company to pay compensation to third parties in cases where the driver did not possess a valid driving license and the insurance company's right to recover the amount from the vehicle owner.

V.M. VELUMANI, J.

1. This Civil Miscellaneous Appeal has been filed against the award dated 06.09.2012, made in M.C.O.P.No.1167 of 2007 on the file of the Motor Accident Claims Tribunal (VI Additional District Court), Madurai.

2. The appellant Insurance Company is the second respondent in M.C.O.P.No.1167 of 2007. The respondents 1 to 3 filed the said claim petition claiming a sum of Rs. 3,00,000/- as compensation for the death of one Veeran.

3. The Tribunal considering the pleadings and oral and documentary evidence, held that the accident occurred only due to rash and negligent riding by the rider of the motorcycle belonging to the fourth respondent and the appellant being the insurer of the motorcycle is liable to pay compensation to the respondents 1 to 3/claimants and considering the age and avocation of the deceased, awarded Rs. 3,00,000/- as compensation.

4. Against the said award dated 06.09.2012, the appellant Insurance Company has come out with the present appeal.

5. The learned counsel appearing for the appellant contended that the Tribunal erred in fixing the liability on the appellant. The rider of the motorcycle at the time of accident did not possess any valid driving licence. The Tribunal erred in holding that the appellant ought to have examined the Official from the Regional Transport Office to prove that the rider of the motorcycle did not possess valid driving licence at the time of accident. In any event, the Tribunal ought to have ordered pay and recovery, since the owner and the rider of the motorcycle did not respond to the registered letters sent and summons issued to them.

6. In support of her contentions, the learned counsel appearing for the appellant relied on the following judgments:-

(i) Branch Manager, National Insurance Co. Ltd. Vs. Shanmugathevar and another reported,2015 2 TNMAC 240, wherein at Paragraphs 12 to 14, it has been held as follows:-

''12.It is well settled that the Hon'ble Apex Court and this Court in a catena of decisions, have consistently taken a view that the insurer shall pay the compensation and thereafter, they shall recover the amount from the vehicle owner, whenever the compensation was ordered on the ground that the driver did not posses valid and effective driving licence.

13. In ICICI Lombard General Insurance Company Ltd., Chennai, and Others Vs. Annakkili and Others, reported in, (2012) 1 TNMAC 226, this Court following the judgments of the Hon'ble Supreme Court and also the decisions of the various High Courts, held that payment of compensation to a third party accident victim is statutory in nature and that there cannot be any total exoneration. This Court has also held that if the insurance company is able to discharge the burden of proof that the vehicle being driven by an unlicensed person and that there was a breach, pay and recovery alone can be made. The said legal position has been reiterated in S.Iyyapan Vs. United India Insurance Co. Ltd., (2013) 2 TNMAC 262 (SC) : 2013 [7] SCC 62.

14. In view of the categorical pronouncement of this Court and the Hon'ble Apex Court as referred to above, I do not find any illegality in the order of the Tribunal directing the appellant to pay compensation and recover the same from the second respondent. The Civil Miscellaneous Appeal is accordingly dismissed. No costs.''

(ii) National Insurance Company Limited, Bhavani Vs. Samiyathal and Others reported in, (2004) 1 TNMAC 455, wherein at Paragraph 6, it has been held as follows:-

''6. .... In such a circumstance, as rightly contended by the learned counsel for the appellant/Insurance Company, though the appellant had discharged the initial responsibility in proving the fact that the driver of the vehicle had no valid driving licence, the said fact had not been discharged either by the claimants or by the owner of the vehicle. However, as observed by the Hon'ble Supreme Court in New India Assurance Co. Ltd., v. Kamla, reported in, (2001) ACJ 843, the insurance company is liable t