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R. VIJAYAKUMAR
National Insurance Company Limited Through its Branch Manager, Kanyakumari District – Appellant
Versus
V. Vinukumar – Respondent
JUDGMENT
(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1998, to set aside the judgment and decree dated 13.02.2009 in MCOP.No.107 of 2003 on the file of the Principal Subordinate Judge/Principal Motor Accident Claims Tribunal, Nagercoil.)
The above appeal has been filed by the insurance company challenging the award passed by the Principal Motor Claims Tribunal, Nagercoil in MCOP.No.107 of 2003 on the ground of non involvement of vehicle, liability and quantum.
2. According to the injured claimant, he is a tapper in a rubber estate and when he was walking towards Karavilagam at 7.40 a.m on 12.01.2003, a JCB driven by the first respondent, owned by the second respondent and insured with the third respondent had dashed against him on his back and he sustained serious injuries.
3. According to the claimant, he was admitted as an inpatient from 12.01.2003 to 26.01.2003 and a major surgery was conducted over his right thigh by fixing plates and he was constrained to be on bed rest for three months. He had spent a sum of Rs.5,90,000/- towards medical expenses. According to the claimant, his right leg is shortened by 4 c.m and he is unable to walk free
The court upheld the tribunal's finding that the JCB was involved in the accident and that the driver had a valid license for the vehicle's classification.
The court clarified that the driver's valid licence must align with the vehicle's classification, and revised the compensation calculation, ultimately reducing it to Rs.13,95,200.
The burden of proving the validity of the driving license lies with the owner and driver, and the liability of the insurance company depends on the status of the passenger.
The court ruled that a driving license for a 'transport vehicle' includes authorization to drive a 'heavy goods vehicle', making the insurer liable for compensation.
The insurer's liability is upheld when the driver's license meets the statutory requirements for operating the vehicle in question.
The court emphasized the importance of genuine and consistent evidence in establishing liability and entitlement to compensation in motor vehicle accident claims.
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