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J. NISHA BANU
National Insurance Co. Ltd. , – Appellant
Versus
Sudhakar – Respondent
JUDGMENT
(Prayer: This Civil Miscellaneous Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the Judgment and decree dated 13.06.2011 passed in M.A.C.T.O.P.No.72 of 2011 on the file of the Motor Accident Claims Tribunal, Nagapattinam (Chief Judicial Magistrate).)
JUDGMENT
1. This Civil Miscellaneous Appeal has been filed by the Insurance Company, challenging the award dated 13.06.2011 made in M.A.C.T.O.P.No.72 of 2011 on the file of the Motor Accident Claims Tribunal, Nagapattinam (Chief Judicial Magistrate).
2. The Appellant Insurance company has challenged the impugned award primarily on the ground that they have not been granted pay and recovery rights, despite the fact that the rider of the Motor Cycle who caused the accident was not possessing a valid driving license at the time of accident, which is in violation of the policy condition.
3. The claimant/1st respondent filed a claim petition in M.A.C.T.O.P.No.72 of 2011 on the file of the Motor Accident Claims Tribunal, Nagapattinam (Chief Judicial Magistrate), claiming a sum of Rs.3,00,000/- as compensation for the injuries sustained by him in the road accident which took place on 11.03.2008.
4. According to the
In the absence of credible evidence, the insurance company is liable to pay compensation for the violation of policy conditions.
The central legal point established in the judgment is the liability of the Insurance Company based on the violation of policy condition due to the rider not possessing a valid driving license at the....
The Insurance Company may initially pay compensation to third-party claimants despite the driver lacking a valid license, with a right to recover from the vehicle's owner.
The main legal point established is that a person holding a learner's licence is considered 'duly licensed' and the insurance company is liable to pay compensation to the claimants and later recover ....
Insurance companies may be liable to indemnify third-party claims even if the driver lacked a valid license, based on principles of social security and judicial precedents.
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