The insurance firm is not liable to pay compensation when the driver of an offending vehicle is found to be without a valid licence, the Thane Motor Accident Claims Tribunal here ruled while awarding a claim.
In the case involving a tanker and a motorcycle, tribunal member and additional sessions judge SY Kulkarni recently held that the two motorists were equally at fault and reduced the claim amount by half.
Ramesh Ekanth Kamble (39), a resident of Thane, told the tribunal that a tanker hit him from behind while he was on his motorcycle, waiting at a traffic signal at Kashimira Circle on February 17, 2008.
As a result of the accident, Kamble said he sustained injuries to his leg and suffered permanent partial disability of about 25 per cent.
He had filed a claim against tanker owner Chandrakant G Mhatre and the National Insurance company, with whom the tanker was insured.
He told the tribunal that he was entitled to a total compensation of Rs 5 lakh. He, however, restricted his claim to Rs 3 lakh for the purpose of the court fee stamp and with an intention to secure a just and proper compensation.
While counsel KV Poojari appeared for the insurance company, the owner of the tanker did not appear and the case was decided ex-parte against him.
The insurance company vehemently opposed the claim and said the tanker driver did not possess a valid driving licence at the time of accident. Incidentally, the vehicle was insured just two days before the accident.
