NATIONAL INSURANCE CO. LTD Vs. PUSHPAM

JUDGEMENT

(1.) Being aggrieved by the finding regarding negligence, fixed on the driver of a Mini Bus, bearing Registration No. TN 57 Z 8655, insured with the appellant-Insurance Company and the liability, fastened on the Company, to pay compensation, the present appeal has been filed.

(2.) In an accident, which occurred on 11-9- 2008, one Joel Thomas, aged 23 years, stated to have worked as a House Keeping Supervisor, died. Parents have made a claim for L 15,00,000/-. According to them, when the deceased was riding a motorcycle, bearing Registration No. TN 60 W 0336, on Cumbam Main Road, near Anaipatti Panchayat Union School, a mini bus, bearing Registration No. TN 57 Z 8655, owned by the third respondent and insured with the appellant Insurance Company, driven by its driver, in a rash and negligent manner, dashed against Thomas and he died on the spot.

(3.) With the leave of the Tribunal, the appellant Insurance Company denied the manner of accident. It is their further submission that the driver of the offending vehicle, was not having a valid driving licence at the time of accident and that therefore, they need not indemnify the owner of the vehicle. Without prejudice to the above, they disputed the compensation claimed under various heads.