CHOLAMANDALAM GENERAL INSURANCE CO. LTD Vs. K.ANBAZHAGAN

JUDGEMENT

(1.) Both the CMAs since arose out of same award passed by the Tribunal, they are heard together and are being disposed of by this common judgment.

(2.) CMA.No.1766 of 2009 has been filed by the Insurance Company as against the award of the Tribunal. CMA.No.611 of 2009 has been filed by the injured, asking more compensation.

(3.) According to the learned counsel for the Insurance Company, the driver of the offending vehicle himself has admitted in the Magistrate's Court. At the time of accident he was not having proper driving licence. In such circumstances the Tribunal ought not to have directed the Company to pay the amount to the injured and recover it from the insured.