The Madras High Court has recently held that when a claim is presented under the Motor Vehicles Act, the insurance company is liable to pay compensation even when the driver of the vehicle was not possessing a valid driving license. It added that amount may later be recovered from the owner of the vehicle.
The Madurai bench of Justice Teeka Raman made the above observations on an application filed by the owner of the offending vehicle, Thanikodiagainstthe order passed by the Motor Accidents Claims Tribunal, Peiyakulam. The Tribunal had held that the owner of the vehicle was liable to pay compensation and exonerated the insurance company and had awarded compensation.
The original claimants are the legal heirs of the deceased. They had filed a claim petition before the Motor Accidents Claims Tribunal, Periyakulam. They claimed that the driver had driven the tractor in a rash and negligent manner and without any signal, suddenly turned his vehicle thus hitting the deceased who was riding a two-wheeler just behind the tractor.
