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R. KALAIMATHI
Divisional Manager, M/s. Oriental Insurance Company Limited – Appellant
Versus
M. Mohammed Sheik Kadiar – Respondent
JUDGMENT :
PRAYER: This Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act against the judgment and decree made in M.C.O.P.No.827 of 2015, dated 18.06.2018, on the file of the Motor Accidents Claims Tribunal/ Special Sub-Court, Thanjavur.
This Civil Miscellaneous Appeal has been preferred by the Insurance Company against the award passed in M.C.O.P.No.827 of 2015, dated 18.06.2018, on the file of the Motor Accidents Claims Tribunal/Special Sub-Court, Thanjavur.
2. The case of the claimant is set out hereunder in brief:
On 09.03.2015, at about 10.00 a.m., the claimant was travelling in his car bearing Registration No.TN 49 BZ 6495 from Athiramapattinam to Thanjavur along with three other persons. The car was driven by Mohammed Ismail and when the vehicle was proceeding along Pattukkottai-Thanjavur Road, near Saidambalpuram, the car lost its control and turned topsy turvy on the left side of the road. Due to the said impact, the claimant as well as others sustained injuries. The claimant got admitted at Meenakshi Hospital, Thanjavur and treated as an inpatient. He is a retired Agricultural Officer and he was earning a sum of Rs. 10,000/- p.m., by doing
Insurance companies cannot deny liability to compensate vehicle owners when premiums for personal accident coverage have been collected.
Liability of insurance company in cases where the driver does not possess a valid driving license under the Motor Vehicles Act.
Insurance companies cannot evade liability for third-party claims solely due to a driver’s lack of valid license; they must prove the owner's negligence to avoid statutory obligations.
The court established that an Insurance Company may still be liable for compensation despite the driver's lack of a valid license if negligence is proven against the other party.
The court ruled that the insurance company must pay compensation despite the driver's alleged lack of a valid license, as the Tribunal's reasoning was found to be erroneous.
The court established the liability of the Insurance Company based on the identity of the driver and the reasonableness of the compensation awarded.
The burden of proof regarding a driver's valid licence lies with the vehicle's owner, absolving the Insurance Company from liability if not established.
The insurance company must provide evidence to support its claims, and failure to do so may result in the dismissal of the appeal.
The main legal point established in the judgment is the liability of the insurance company to pay compensation for accidents involving vehicles insured by them, and the right of the insurance company....
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