JUDGMENT :

The insurance company, challenging the liability, has filed this Civil Miscellaneous Appeal against the award passed in M.C.O.P. No. 181 of 2023 on the file of the Motor Accident Claims Tribunal, Sub Judge, Tiruchirappalli.

2.The first respondent in this appeal had filed M.C.O.P. No. 181 of 2023, claiming a compensation of ?20,00,000/- for the injuries sustained by him in a road accident that occurred on 30.01.2023 at about 6.30 p.m. on Thanjavur Road, near Kalaignar Nagar, opposite to the Colour Shop, Tiruchirappalli.

3.On 31.01.2023, at about 6.30 p.m., when the claimant was waiting to cross the Thanjavur–Tiruchirappalli Main Road near Kalaignar Nagar, opposite to the Colour Shop at Thiruverumbur, the two-wheeler bearing Registration No. TN-81-AZ-3490, ridden by the first respondent and insured with the appellant insurance company, was driven in a rash and negligent manner and dashed against the claimant. As a result, the claimant sustained multiple injuries, with a fracture of the left leg and third rib. He was immediately admitted in the hospital for treatment, and the jurisdictional police registered a case in connection with the said accident. After receiving treatment for the injuries sustained in the said accident, the claimant filed a petition before the Motor Accident Claims Tribunal in M.C.O.P. No. 181 of 2023, claiming a sum of Rs.20,00,000/- as compensation for the injuries, pain, and sufferings caused due to the accident.

4.The appellant–insurance company filed a counter statement denying its liability to pay compensation on the ground that, on the date of the accident, the rider of the two-wheeler possessed only a learner’s licence and was riding the vehicle without holding a valid and effective driving licence. It was further contended that the accident occurred solely due to the negligence of the claimant. The appellant also submitted that the claimant had not produced any valid documents to substantiate his claim regarding the manner of the accident, nature of injuries, or for the quantum of loss suffered. The appellant further contended that the injured claimant, had not followed the traffic rules and attempted to cross the road in a careless and negligent manner, and during such act the accident has happened. In the said circumstances, the appellant denied its liability to pay any compensation.

5.The learned Tribunal Judge framed the necessary points for consideration. On the side of the claimant, to prove his case, the claimant examined himself as P.W.1 and marked Exhibits P1 to P3. On the side of the respondent–appellant Insurance Company, R.W.1 and R.W.2 were examined, and Exhibit C1 was marked.

6.Upon a perusal of the entire oral and documentary evidence, the learned Tribunal Judge found that the accident occurred due to the rash and negligent riding of the two-wheeler and consequently held that the claimant was entitled to compensation. The Tribunal, after considering all relevant documents and evidence, determined the quantum of compensation at Rs.13,06,526/-.

7.Challenging the said award, particularly on the question of liability, the appellant–Insurance Company has filed the present Civil Miscellaneous Appeal.

8.The learned counsel appearing for the appellant, Mr.Sailappa Kalyan, made detailed submissions on the aspect of the driving licence by referring to and comparing the relevant provisions of the Motor Vehicles Acts of 1939 and 1988, as well as the amendments introduced in 2022. He also produced the necessary materials in support of his submissions. Referring the provisions, he specifically stated that the company could not be mulcted with the liability. Reiterating the relevant statutory provisions, the learned counsel for the appellant–Insurance Company specifically contended that the company cannot be made liable to pay compensation, as there was a clear violation of the terms and conditions of the policy. It was argued that, on the date of the accident, the rider of the two-wheeler posse