- (1.) This Appeal is filed by the Insurance Company as against the award dated 25.3.2008 passed by the Motor Accident Claims Tribunal (Subordinate Judge), Mettur, in M.C.O.P. No. 17 of 2007, whereby the appellant-Insurance Company was directed to pay the compensation amount to respondent Nos. l and 2/claimants and permitted to recover the same from the owner of the vehicle.
(2.) The facts, which are necessary to decide the issue involved in the Appeal, are as follows: (a) Respondent Nos. 1 and 2 herein are the parents of the deceased Manoj. On 4.8.2005, while the said Manoj was riding his TVS 50 bearing registration No. TN-27-T-0569 from his house to Mettur along with his friend, another motor cycle bearing registration No. TN-27-U-1619 driven by the 3rd respondent came in a rash and negligent manner from the opposite direction and dashed against the TVS 50 and as a result of which, both were thrown out of the vehicle and had sustained grievous injuries and were immediately admitted in the Government Hospital and in spite of treatment, the said Manoj died on 9.8.2005. Hence, respondent Nos. l and 2 have made a claim for a sum of Rs. 10 lakh as compensation for the death of the deceased Manoj as against the owner and the insurer of the motor cycle. (b) The said claim was resisted by the appellant-Insurance Company on the ground that at time of the accident, the rider of the motor cycle did not possess a valid licence. Therefore, there is a violation of the Insurance Policy conditions and the appellant-Insurance Company cannot be made liable to pay the compensation. (c) In order to prove the defence, on the side of the appellant-Insurance Company, two witnesses were examined as R.Ws.l and 2 and the documents were marked as Exs. R-1 and R-2. By accepting the defence of the appellant-Insurance Company, the Tribunal came to the conclusion that the appellant-Insurance Company has to pay the compensation amount and recover the same from the owner of the vehicle i.e. the 3rd respondent herein since there is a violation of the policy conditions. Aggrieved over the said finding, the present Appeal is filed by the Insurance Company.
(3.) Learned Counsel for the appellant, by reling upon the judgment reported in National Insurance Co. Ltd. v. Vidhyadhar Mahariwala & Ors., 2008 4 ACC 714 would contend that the Insurance Company cannot be made liable to pay the compensation when the appellant having proved that the driving licence had expired more than two years prior to the accident. Under such circumstances, the observation made by the Insurance Company to pay the amount and to recover the same from the owner of the vehicle is not sustainable. Therefore, by setting aside the said finding, the Insurance Company has got to be directed to pay the entire compensation.;