(Prayer:Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and decree dated 20.06.2013 and made in M.C.O.P.No.51 of 2011, on the file of the Motor Accidents Claims Tribunal / Chief Judicial Magistrate, Nagercoil.)
1. The appellant/National Insurance Company Limited has filed the present C.M.A(MD)No.466 of 2015, challenging the award passed in M.C.O.P.No.51 of 2011, dated 20.06.2013, on the file of the Motor Accidents Claims Tribunal/Chief Judicial Magistrate, Nagercoil.
2. The accident took place on 11.09.2008 at about 12.30 hours near Sundaram Nair House at Mangalam. It is a case of injury and the claimant filed an application for compensation before the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Nagercoil. The Tribunal, considering the facts and circumstances of the case, awarded the compensation of Rs.1,92,180/- as total compensation to the claimant. The appellant/National Insurance Company came out with the present appeal solely on the ground that the driver, who was driving the vehicle, which met with an accident was not in possession of a valid driving licence and therefore the appellant/National Insurance Company is to be exonerated from liability.
3. The exoneration of the appellant/National Insurance company in respect of the cases where there are violation of policy is settled by the Hon ble Supreme Court of India in the case of Oriental Insurance Company Limited vs. Nanjappan and others reported in(2004) 13 SCC 224is applied which is extracted below:
8. Therefore, while setting aside the judgment of the High Court we direct in terms of what has been stated in Baljit Kaur's case (supra) that the insurer shall pay the quantum of compensation fixed by the Tribunal, about which there was no dispute raised, to the respondent-claimants within three months from today. For the purpose of recovering the same from the insured, the insurer shall not be required to file a suit. It may initiate a proceeding before the concerned Executing Court as if the dispute between the insurer and the owner was the subject matter of determination before the Tribunal and the issue is decided against the owner and in favour of the insurer. Before release of the amount to the insured, owner of the vehicle shall be issued a notice and he shall be required to furnish security for the entire amount, which the insurer will pay to the claimants. The offending vehicle shall be attached, as a part of the security. If necessity arises the Executing court shall, take assistance of the concerned Regional Transport authority. The Executing Court shall pass appropriate orders in accordance with law as to the manner in which the insured, owner of the vehicle shall make payment to the insurer. In case there is any default it shall be open to the Executing court to direct realization by disposal of the securities to be furnished or from any other property or properties of the owner of the vehicle, the insured. The appeal is disposed of in the aforesaid terms, with no order as to costs.
4. Therefore, the present appeal deserves no consideration and accordingly the award passed by the Motor Accident Claims Tribunal/Chief Judicial Magistrate, Nagercoil in MCOP.No.51 of 2011, is confirmed and the Civil Miscellaneous Appeal is dismissed.
5. The appellant/National Insurance Comapny is directed to deposit the entire award amount with accrued interest within a period of four weeks from the date of receipt of a copy of this order and thereafter, the first respondent/claimant is permitted to withdraw the entire award amount with accrued interest, by filing necessary application before the Tribunal. No costs. Connected miscellaneous petition is closed.