Liability of insurance company in cases where the driver does not possess a valid driving license under the Motor Vehicles Act.

JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the fair and decreetal order, dated 04.06.2010 made in M.C.O.P.No.4 of 2006, on the file of the Motor Accidents Claims Tribunal/Additional District and Sessions Judge, Periyakulam.)

1. The owner of the vehicle-Tractor is the appellant herein. The respondents 1 to 5 are the legal representatives of the deceased Subburaj, who died in the Road Transport Accident that taken place on 09.07.2005.

2. For the sake of convenience, the parties are referred to as per their ranking before the tribunal.

3. The claimants filed M.C.O.P.No.4 of 2016 before the Motor Accidents Claims Tribunal, Periyakulam, alleging that on 09.07.2005 at about 12.30 p.m. near Thevar Bus stop while the deceased and one Sivakumar, who is launcher of FIR were proceeded from Kondamanaikanpatti to Usilampatti, the deceased Subburaj ride the Hero Honda motorcycle bearing Registration No.KL 2 G9969, followed by the launcher of FIR, who ride the two wheeler bearing Registration No.TN 60B4587, the 1st respondent driver drove the tractor bearing Registration No.TN59 V 2372 with trailor bearing Registration No.TN59 V 2948 in front of two wheeler driven by the deceased in a rash and negligent manner and without any signal, suddenly turn his vehicle on the right side of the cashiew nut Firm near Thevar Bus stop, due to which the deceased Subburaj dashed against the tractor and thereby the deceased Subburaj sustained injury on his head and died on the spot.

4. Before the Tribunal, the insurance company filed counter statement stating that on the date of accident, the driver of the accident does not own any driving licence to drive the vehicle, namely, Heavy Motor Vehicle.

5. On behalf of the claim petitioner, the wife of the deceased was examined as PW1, occurrence witness is examined as PW2 and other person is examined as PW3 and Exs.P1 to P4 were marked on behalf of the respondent on Court summon Motor Vehicle Inspector attached to the concerned Road Transport Office was examined as RW1 and filed Ex.R1-policy copy. The Assistant from the insurance company is examined as RW2 and Ex.R2-legal notice issued calling upon the owner of the vehicle and Tractor to produce the driving license of the driver at the time of the accident, but he has not produced any such driving license.

6. The Tribunal based upon the oral evidence of PW2, the occurrence witness coupled with Ex.P1-FIR and Ex.P3-charge sheet has held that due to the sudden turn of the Tractor on the right hand side, the accident has taken place and the driver of the Tractor ought to have been seen the vehicle is coming behind the Tractor ought to have put necessary signal before taking the right turn to reach his designation, accordingly, held that the accident had taken place due to the rash and negligence driving of the driver of the Tractor. As per the version of RW1 no licence was issued to the driver of the Tractor as per Ex.P3-charge sheet filed by the concerned police before the jurisdictional Magistrate, there is a specific charge that he drove the vehicle without valid licence. According to the petitioner's argument before the trial Court, the driver has pleaded guilty, though no document has been filed before the Court below and hence, the Tribunal has hold that the owner of the vehicle is liable to pay the compensation and exonerated the insurance company and awarded compensation. Challenging the said order of exoneration of Insurance Company, the owner of the vehicle has come before this Court with this appeal.

7. The learned counsel for the appellant would contend that though the driver of the offending vehicle does not posses driving licence, the insurance company cannot be exonerated from the liability and they have to pay and recover and relied upon the National Insurance Company Limited vs. Swaran Singh & others reported in 2004 (1) TNMAC 104 (SC).

8. The learned counsel for the Insurance Company has reli