(1.) Heard the learned counsel for the appellant and the respondents.
(2.) This is a case, where the deceased was travelling on pillion of the two wheeler driven by 15 years old boy, who had no valid driving license. The accident occurred on 05.12.2009 at about 03.30 p.m., when the deceased Anbazhagan was travelling in the Bajaj Boxer two wheeler bearing Registration No.TN02 J 5098 driven by Vigneswaran, aged 15. The said two wheeler dashed against another two wheeler Appachi bearing Registration No.TN25 S 7673, driven by one Saravanan, son of Rajendra Gounder. In the said accident, Anbazhagan, the pillion rider in Bajaj Boxer bearing Registration No.TN-02-J-5098 fell down and sustained grievous injury. He was taken to the hospital and treated for 16 days. On 28.12.2009, he succumbed to the injury. The claim petition was filed seeking Rs.15,00,000/- compensation by the wife and minor children of the deceased Anbazhagan against the owner of the Appachi motor cycle and its insurer.
(3.) The Insurance Company resisted the claim petition on the ground that the deceased knowingly travelled in a two wheeler Bajaj Boxer driven by a minor boy, who had no valid driving license and the other vehicle involved also driven by the rider without valid license. Therefore, there is no liability on the part of the Insurance Company to compensate the legal heirs of the deceased Anbazhagan.