M/s.Cholamandalam MS General Insurance Co. Ltd vs Duraisingam, & Ors.

This Civil Miscellaneous Appeal has been filed by the Cholamandalam MS General Insurance Co. Ltd against the award dated 21.11.2011 made in MCOP.No.399 of 2009 on the file of the Motor Accidents Claims Tribunal (Additional Sub Judge), Kumbakonam.

The first respondent herein filed the said petition seeking compensation for the grievous injuries sustained by him on account of the accident caused by TATA Ace mini van bearing Registration No.TN 49 A/3 6313 belonging to the second respondent herein. The court below passed an award dated 21.11.2011 directing the appellant to pay a sum of Rs.68,930/- with interest.

The learned counsel for the appellant pointed out that the driver of the offending vehicle insured by them was not possessed of a valid and effective driving licence at the time of the accident. Therefore, the appellant Insurance Company is not liable to indemnify the owner.

I find force in the said contention of the learned counsel for the appellant. I am therefore inclined to modify the award passed by the Tribunal. It is seen that the appellant Insurance Company was directed to deposit the entire award amount when the appeal was taken up for admission. The counsel for the appellant submitted that the condition was complied with. The claimant is permitted to withdraw the same. The appellant is permitted to recover the entire amount from the vehicle owner by initiating execution proceedings directly against the owner. The award passed by the Tribunal is accordingly modified.

This Civil Miscellaneous Appeal is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.