NATIONAL INSURANCE COMPANY LTD. Vs. BANUMATHI

JUDGEMENT

(1.) Brief facts of the case is as follows:

(2.) The owner of the vehicle viz. Subramanian died, his legal heir one Pushpavalli was impleaded as third respondent before the tribunal, Since the third respondent called absent, she was set exparte. On the side of the claimants, P.W.1 and 2 were examined and Ex.P1 to 8 were marked. On the side of the respondent, R.W.1 and 2 were examined and Ex.R1 and R2 were marked.

(3.) Tribunal, based on the oral and documentary evidence adduced by both sides, found that since the vehicle driven by the person without proper licence for driving such heavy motor vehicle, the Insurance Company cannot hold the full responsibility of paying the compensation and holds that the owner of the lorry is liable to pay 50% and Insurance company is liable to pay 50% of the award amount of Rs.6,57,500/- as compensation to the claimants along with interest at the rate of 7.5% per annum from the date of claim petition till realization.