CHOLAMANDALAM MS GENERAL INSURANCE CO LTD Vs. VEERASAMY

JUDGEMENT

(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:

(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.