JUDGMENT

The appellant, the Iffco-Tokio General Insurance Company Limited is the second respondent in M.C.O.P.143 of 2020 on the file of the Motor Accident Claims Tribunal, Jayangondam. The first respondent filed the above said claim petition under Section 166 of the Motor Vehicles Act seeking compensation of Rs.30,00,000/- for the injuries sustained by him in a road accident that took place on 07.04.2018. 2. The brief case of the claimant is as follows :

On 07.04.2018, the claimant was riding his two wheeler bearing Registration No. TN-61-J-9301 on T.Palur - Suthamalli Road. When he was nearing Saravana Mahal, a TVS XL 100 two wheeler bearing Registration Number TN-61-P-0322 which was going ahead of him suddenly turned right hand side and on seeing a speeding vehicle coming in the opposite direction took a left turn, as a result of which, the claimant hit the two wheeler bearing Registration Number TN-61-P-0322 and sustained injuries all over his body.

3. According to the claimant, the rash and negligent riding of the rider of the two wheeler bearing Registration Number TN-61-P-0322 belonging to the second respondent was the cause of the accident and that since the said vehicle was insured with the present appellant, the Iffco- Tokio General Insurance Company Limited, both of them are jointly and severally liable to pay compensation to him.

4. In the Tribunal, the owner of the two wheeler and the Insurance Company Limited contested the claim petition by filing their counter.

5. The Tribunal vide its orders dated 14.11.2022 after analysing the evidence on record, fastened negligence on the part of the two wheeler bearing Registration Number TN-61-P-0322 and since the rider of the two wheeler did not have a driving licence, the Tribunal directed the appellant Insurance Company to pay the compensation of Rs.3,32,025/- to the claimant together with interest at the rate of 7.5% per annum from the date of petition till the date of realisation in the first instance, and then recover

10% of the said amount from the owner of the vehicle.

6. Challenging the orders passed by the Tribunal, the present appeal is filed by the appellant, the Iffco-Tokio General Insurance Company Limited.

7. Heard Mr.J.Michael Visuvasam, learned counsel for the appellant and Mr.N.Rajavannien, learned counsel for the first respondent.

8. Mr.J.Michael Visuvasam, learned counsel appearing for the appellant would contend that since the rider of the two wheeler was not having a valid driving license on the date of accident, the Tribunal should have directed the Insurance Company to pay the award in the first instance and then recover the same from the owner of the two wheeler. On the other hand, the Tribunal had directed the Insurance Company to recover only 10% of the award amount from the owner of the two wheeler bearing Registration Number TN-61-P-0322. He also contended that the police after conducting investigation had filed a referred charge sheet against the rider of the two wheeler and in the circumstances, the Tribunal was wrong in fastening negligence on the part of the rider of the two wheeler TN-61-P-

0322.

9. Per contra, Mr.N.Rajavannien, learned counsel appearing for the first respondent contended that the Tribunal after analysing the evidence on record, had rightly concluded that the rider of the two wheeler bearing Registration Number TN-61-P-0322 was rash and negligent in riding her vehicle. He therefore, prayed for dismissal of the appeal.

10. It is seen from the final report (Ex.R1) that the Sub Inspector of Police, T.Palur Police Station filed a referred charge sheet against the rider of the two wheeler bearing Registration Number TN-61-P-0322. The manner of accident shows that both the vehicles were rash and negligent on the road. The present claimant was coming behind the two wheeler bearing Registration Number TN-61-P-0322 and his contention is that the rider of the said two wheeler that was going ahead of him suddenly turned left hand side on seeing a