NATIONAL INSURANCE CO. LTD. Vs. SUBRAMANI

JUDGEMENT

(1.) Being aggrieved by the finding fastening liability, inspite of the specific plea that the rider of the offending vehicle bearing Regn.No.TN38A1886 insured with the appellant Insurance Company, did not possess a valid and effective driving licence at the time of accident and the quantum of compensation of Rs.5,75,000/- with interest at the rate of 7.5% per annum, awarded to the husband and two daughters, National Insurance Company Ltd., Chennai, has preferred this appeal.

(2.) Short facts leading to the appeal are as follows:

(3.) The National Insurance Company Ltd., Chennai, has disputed the manner of accident. They further submitted that the driver of the car did not have a valid and effective driving licence at the time of accident and that therefore they are not liable to pay compensation. Rule 3 of the Motor Vehicles Act, 1988, has been pressed into service. Without prejudice to the above, the company disputed the quantum of compensation claimed under various heads.