NEW INDIA ASSURANCE CO LTD Vs. P.VIJAYALAKSHMI

JUDGEMENT

(1.) THE appellant/New India Assurance Co. questions its liability and the quantum of compensation awarded.

(2.) ON 06.06.2008, 6th respondent came driven his lorry. Due to his rash driving, he dashed against one Periasamy. He died. His dependants claimed compensation. The Tribunal granted them Rs.6,60,000.00. Since 6th respondent had only LMV licence the Tribunal directed the appellant to pay the compensation amount first to the claimants and recover it from the 6th respondent.

(3.) ON the other hand, the learned counsel for the claimants/respondents 1 to 5 would contend that the deceased did not aware that the driver was not qualified to drive the lorry. On the date of accident, the policy was in force. The dependants are third parties. In the circumstances, the Tribunal rightly issued a direction for pay and recover.