NATIONAL INSURANCE CO LTD Vs. SAKTHI

JUDGEMENT

(1.) M/s.National Insurance Company Limited is the appellant.

(2.) FOR the death of one Kasi in a motor vehicle accident that took place on 18.3.1996, wife and children of the deceased have prayed for a compensation of Rs.6 lakhs before the Tribunal. The said petition was resisted by the Insurance Company- second respondent therein by filing counter statement. The Tribunal after holding that the accident was caused due to the negligence of the driver of a van TTA 5801 belonging to the first respondent therein, passed an award for Rs.5,83,700.00 with interest at the rate of 12% per annum from the date of petition till "the date of deposit. Against the said award, the Insurance Company has preferred the present appeal.

(3.) AN Assistant working in the Office of the Motor Vehicle Inspector, Sivaganga has been examined as R.W.2. He deposed that one Gunasekaran, S/o. Palanisamy was granted driving licence to drive LMV vehicles on 27.1.1995. AN officer working in the Insurance Company has been examined as R.W.3. He admitted that the van TTA 5801 has duly been insured with their company. Copy of the insurance policy has been marked as Ex.B-3. AN Inspector was appointed to submit a report regarding the accident. Ex.B-4 is a report. He further deposed that, Gunasekaran and Ravichandran are sons of one Palanisamy. Ravichandran was not having any licence.