BRANCH MANAGER, NATIONAL INSURANCE CO LTD Vs. GLORY RENJITHA BAI AND ORS

JUDGEMENT

(1.) The appeal is preferred by the Insurance Company against the judgment and decree made in MCOP No. 18 of 2003 dated 08.10.2004 on the file of the Motor Accidents Claims Tribunal (Chief Judicial Magistrate), Nagercoil.

(2.) Background facts in a nutshell are as follows:

(3.) Learned counsel for the appellant / Insurance Company vehemently contended that the Insurance Company is not liable to pay any compensation to the claimants on the ground that the driver of the Tempo did not possess valid driving license at the time of accident. Further, it is submitted that the deceased was not a loadman and he was a gratuitous passenger and he had not travelled in the cabin. Therefore, the Insurance Company is not liable to pay any compensation to the claimants and only the owner of the vehicle is liable to pay the compensation. Alternatively, it is submitted that the compensation awarded by the Tribunal is excessive, exorbitant and without any basis and justification. Hence the order passed by the Tribunal is not in accordance with law and the same has to be set aside.