Heard the learned counsel on either side.
2.The insurance company has filed this appeal questioning the impugned award on the ground of liability.
3.The claimant in MCOP.No.668 of 2011 was injured in an accident involving the vehicle belonging to the one Selvam and insured with the appellant herein. The Tribunal passed the award awarding compensation of Rs.1,09,500/- and directed the appellant insurance company to pay the sum.
4.The learned counsel appearing for the insurance company specifically contended that the vehicle driver by name Subash did not have any valid driving license. The appellant insurance company has discharged the onus cast on them by examining the official from RTO office as RW.1. The owner conveniently remained exparte. In such circumstances, it is the owner who must adduce evidence before the Tribunal to show that the driver employed by him had valid effective driving license.
5.Even though the Tribunal has not given a finding in this regard, from a reading of the entire material on record, it can be seen that the driver of the offending vehicle did not possess any valid driving license. Thus, there has been breach of policy condition. On this score, the appellant insurance company cannot completely escape from its liability. It is their duty to satisfy the award in the first instance. After satisfying the award, it is open to the insurance company to proceed against the vehicle owner by filing Execution petition in these very proceedings.
6.Therefore, the award dated 18.04.2016 made in MCOP.No.668 of 2011 on the file of IV Additional Subordinate Judge, Madurai is accordingly modified.
7.The appellant insurance company is directed to deposit a sum of Rs.1,09,500/- as awarded by the Tribunal, with interest at the rate of 7.5% per annum, from the date of petition till the date of realization with costs, within a period of eights weeks from the date of receipt of a copy of this order. Thereafter, the insurance company is permitted to recover the said sum from the vehicle owner, by filing an execution petition in these very proceedings. On such deposit, the claimant is entitled to withdraw the same, by filing proper application before the Tribunal.
8.This Civil Miscellaneous Appeal is partly allowed. No costs. Consequently, connected miscellaneous petition is closed.
To
1.IV Additional Subordinate Judge, Madurai.