- (1.) Challenging the fastening of liability and ordering "pay and recover" and also challenging the quantum of compensation awarded in M.C.O.P.No.126 of 2003 (9.1.2007) on the file of Motor Accident Claims Tribunal (Sub-Court), Tiruvallur, Appellant-Insurance Company has preferred this appeal.
(2.) Brief facts are that on 5.10.2002 at 1.45 P.M., deceased Venkata Kondaiya was proceeding in his Hero Honda motorcycle bearing registration No.TN-22 Y 1596 on Chennai-Minjur Road. While he was nearing Pungambedu bus stand, the lorry bearing registration No.TN-20 Z 3024 belonging to the 5th Respondent coming in the opposite direction driven by its driver in a rash and negligent manner dashed against the motorcycle. Due to the impact, Venkata Kondaiya sustained grievous injuries and immediately Venkata Kondaiya was admitted in Stanley Government Hospital where he succumbed to the injuries. A criminal case in Crime No. 646 of 2002 under Sections 279, 304(A) I.P.C. of Minjur Police Station was registered against the lorry driver for rash and negligent driving. At the time of accident, deceased was working as Rivetter in Electrical and Mechanical Department in Chennai Port Trust and was earning Rs.15,000/- per month. Alleging that the accident was due to rash and negligent driving of the lorry driver, the Claimants who are wife, sons and mother of the deceased have filed Claim Petition claiming compensation of Rs.30,00,000/-.
(3.) Resisting the Claim Petition and denying its liability to pay the compensation, Appellant-Insurance Company has filed the counter stating that the driver of the 5th Respondent (owner of the lorry) had only licence to drive light motor vehicle and the vehicle involved in the accident is heavy motor goods vehicle and that the driver of the 5th Respondent was not having valid driving licence to drive the heavy motor goods vehicle. Since the driver of the vehicle did not have a valid driving licence to drive heavy motor goods vehicle and since the owner of the vehicle has violated the terms and conditions of the policy, Appellant-Insurance Company is not liable to pay compensation for the death of the deceased in the road traffic accident. Appellant-Insurance Company also denied age, avocation, income of the deceased and that the compensation claimed is excessive.;