Facts
The first respondent (claimant) filed a claim petition (MCOP.No.1076 of 2021) seeking compensation for spinal cord injuries sustained in a road accident on February 5, 2020
Source reference: p. 2The Motor Accident Claims Tribunal (Special District Judge, Tiruppur) awarded the claimant Rs. 32,52,144 with interest, holding the insurance company and the vehicle owner jointly and severally liable
Source reference: p. 2The Tribunal determined the claimant's age as 48 years based on an Aadhar Card (Ex.P7)
Source reference: p. 2The Appellant Insurance Company challenged this award, contending that the claimant’s age should be 53 based on police records (FIR) and that the driver lacked a valid license, constituting a policy violation
Source reference: p. 3Issues
1. Whether the Tribunal erred in determining the claimant's age as 48 years using the Aadhar card instead of the age mentioned in the FIR and police records
Source reference: p. 3-42. Whether there was a breach of policy conditions regarding the driver's lack of a valid driving license
Source reference: p. 3-4Law Applied
The court applied Section 166 and Section 173 of the Motor Vehicles Act, 1988, regarding the adjudication of claim petitions and appeals
Source reference: p. 2Under the principles of Indian Evidence Law, the court applied the doctrine that documents issued ante litem motam (before the dispute arose), such as an Aadhar Card, carry higher probative value for determining age than secondary records like an FIR or police reports created post-accident
Source reference: p. 3-4Furthermore, the burden of proof lies on the insurer to prove a breach of policy conditions (such as the absence of a driving license) through affirmative evidence
Source reference: p. 4Reasoning
The court found that while Exs. P2 and P3 (police records) listed the claimant's age as 52, these were recorded by police during the FIR process and held less "probative value" than the Aadhar card (Ex.P7), which existed prior to the accident
Source reference: p. 3-4The court noted the claimant's explanation that his name and details were inaccurately recorded in the police exhibits
Source reference: p. 4Regarding the alleged policy violation, the court observed that the Insurance Company failed to examine any witnesses or present evidence to substantiate the claim that the driver did not possess a valid license
Source reference: p. 4In the absence of such proof, the insurer's liability remains intact
Source reference: p. 4Holding
The court held that the age fixed by the Tribunal was proper based on documentary evidence and that the insurer failed to prove any breach of policy conditions
The High Court dismissed the appeal and confirmed the Tribunal's award dated January 2, 2026. All connected miscellaneous petitions were closed, and no costs were awarded
Source reference: p. 4Original Court PDF
The Branch ManagervsSrirenga Narayanamoorthi
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