ROYAL SUNDARAM ALLIANCE INSURANCE CO LTD Vs. LATHA

JUDGEMENT

(1.) THE present appeal arises out of the award passed by the learned Principal Additional District Judge, MACT, Salem in MCOP.No.1194 of 2006 dated 10.11.2008, whereby the Tribunal awarded a sum of Rs.4,94,500/- to the claimants who are the legal representatives of the deceased Kasinathan who was 39 years old at the time of accident and was working as lorry driver cum agriculturist.

(2.) THE Tribunal held that the owner and the Insurance Company/ appellant herein are jointly and severally liable to pay the above said compensation.

(3.) THE record indicates that the offending vehicle namely, a Tractor was having a valid policy insured with the appellant herein. It is not in dispute that the said vehicle was driven without a certificate of registration and the registration number was not displayed. The appellant/Insurance Company had placed on record adequate material which go to establish that the vehicle was running without a certificate of registration. The Insurance Company has examined two witnesses R.W.1 and R.W.2 and marked Ex.R1 to R6 to prove the said fact.