Madras High Court
CMA/1808/1996 of A.CHANDRASEKARAN Vs LOGAMBAL on 23 December 2003
COURT OF JUDICATURE AT MADRAS DATED: 23/12/2003 CORAM THE HONOURABLE
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23/12/2003
CORAM
THE HONOURABLE MR. JUSTICE K.GOVINDARAJANandTHE HONOURABLE MRS. JUSTICE PRABHA SRIDEVAN
C.M.A.No.1808 of 1996
A. Chandrasekaran .. Appellant
-Vs-
1.Logambal2.Kamala3.National Insurance Co. Ltd.Branch Office, ProminateRoad, Contonment, Trichy-1. .. Respondents Civil Miscellaneous Appeal against the judgment and decreedated 17 .10.1996 made in M.A.C.T.O.P.No.1222 of 1992 on the file of the MotorAccident Claims Tribunal, (I Additional District Judge), Trichirapalli.
!For Appellant : Mr.A.Saravanan
^For respondents: Mr.S.Ashok Kumar, for R.1Mr. T.M.Venkatraman, for R.3For R.3 - Not ready in notice.
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:J U D G M E N T
(Judgment of the Court was made by K.GOVINDARAJAN,J)
The owner of the vehicle has filed the above appealquestioning the award passed by the Tribunal exonerating the Insurance Companyfrom paying the compensation.
2. The owner of the vehicle, the appellant herein has comeforward with the above appeal on the basis that merely because the driver wasnot having licence, the Tribunal is not correct in exonerating the InsuranceCompany. It is well settled that even in similar cases, the Courts have heldthat owner is liable to pay the money and so, the Tribunal is correct infixing the liability on the owner, when it is admitted that the driver, whodrove the vehicle was not having valid licence on the date of accident.Hence, we do not find any reason to interfere with the award of the Tribunal.
sbi
To1. The Motor Accident Claims Tribunal,(I Addl. District Judge),Tiruchirappalli. (with records).
2. The Record Keeper,V.R.Records, High Court, Madras.