THILAGAVATHI Vs. VELLIVEL

JUDGEMENT

(1.) THE claimant in a fatal accident case, aggrieved with the exoneration of the Insurance Company as well as the quantum of compensation amount, directed this appeal.

(2.) ADMITTEDLY, on 24.04.2006, the father of the appellant died in a road accident, in which the vehicle of the first respondent, insured with the second respondent has been involved. Admittedly, at the time of accident, the first respondent's driver had driven the Tata Lorry. The deceased died at the age of 68. The Tribunal took Rs.80/- per day as wage, deducted 1/3rd from it and calculated the compensation at Rs.96,000/- and added Rs.10,000/- towards loss of love and affection and Rs.7,000/- towards cremation expenses. Thus, the total compensation was arrived at Rs.1,13,000/-.

(3.) THE Tribunal coming to the conclusion that the driver of the first respondent was at that time was not duly licensed to drive that particular class of vehicle, there is policy violation, exempted the Insurance Company from paying the compensation amount to the appellant and directed the vehicle owner/first respondent to pay the compensation amount.