Insurer's recovery right under S.149 upheld on policy breach, but Tribunal's license finding erroneous due to misread evidence; negligence and compensation affirmed.

JUDGMENT :

K. GOVINDARAJAN THILAKAVADI, J. 

These Civil Miscellaneous Appeals are preferred against the orders passed in M.C.O.P.Nos.3020 & 3021 of 2018 dated 24.04.2025 on the file of the Motor Accident Claims Tribunal and Special District Court-1, Cuddalore.

2. For the sake of convenience, the parties are referred to as per their ranking in the claim petitions.

3. Shortly stated, on 19.01.2018 at about 7.00 p.m., one Duraisamy was riding a two-wheeler bearing Registration No.TN 31 BE 7006, with one Balu travelling as a pillion rider, from S.N. Nagar, following all traffic rules. While they were proceeding near S.N. Nagar, a Jeep bearing Registration No.TN 31 BF 5203 belonging to the appellant and insured with the 2nd respondent/Insurance Company was driven in a rash and negligent manner, without sounding any horn and without following the traffic rules and regulations, and hit the two-wheeler from behind, thereby causing the accident. Due to the said accident, both the petitioners sustained grievous injuries and multiple fractures on various parts of their body and head. They were initially admitted to the Government Hospital, Cuddalore, and thereafter shifted to Lakshmi Hospital, Cuddalore for advanced treatment.

4. The claimants filed the above M.C.O.P.Nos.3020 & 3021 of 2018, each claiming a compensation of Rs.10,00,000/- for the injuries sustained by them in the said accident.

5. The 2nd respondent/Insurance Company resisted the said petitions by stating that the accident occurred due to the rash and negligent riding of the claimants, that the driver of the appellant’s vehicle did not possess a valid driving license, and therefore, the Insurance Company is not liable to pay any compensation to the claimants and prayed for dismissal of the claim petitions.

6. The Claims Tribunal framed the necessary issues and came to the conclusion that the accident took place due to the rash and negligent driving of the driver of the appellant’s vehicle and that the claimants are entitled to claim compensation. After analyzing the oral and documentary evidence on record, the Tribunal awarded a compensation of Rs.3,00,000/- in M.C.O.P.No.3020 of 2018 and Rs.4,14,000/- in M.C.O.P.No.3021 of 2018 to the claimants and directed the 2nd respondent/Insurance Company to pay the said award amounts, together with interest at the rate of 7.5% per annum from the date of filing of the claim petitions till the date of realisation. Further, the Tribunal directed the 2nd respondent/Insurance Company to recover the compensation amounts from the appellant herein.

7. Challenging the liability fastened upon it, the present Civil Miscellaneous Appeals are filed by the appellant.

8. The learned counsel for the appellant would submit that the Tribunal erroneously directed the 2nd respondent/Insurance Company to recover the compensation amount from the appellant, despite the appellant’s vehicle being duly insured under a valid policy at the time of the accident. She further contended that the Tribunal erred in relying upon Ex.P3, which pertains to a different vehicle (Moped/Jupiter) and not to the appellant’s vehicle bearing Registration No.TN 31 BF 5203, and that the driver of the appellant’s vehicle possessed a valid driving license under D.L.No.TN 32 20050000605, valid up to 14.03.2020 for transport vehicle and up to 14.03.2025 for non-transport vehicle. The learned counsel further submitted that the Tribunal failed to note that the claimants themselves did not possess valid driving licenses and were driving the vehicle in violation of traffic