(1.) AGGRIEVED by the Award, dated 05.12.2013 passed in M.A.C.T.O.P. No. 673 of 2011, on the file of the Motor Accident Claims Tribunal, (II Additional District Judge), Pondicherry, Correspondent of Aaruthra English School, Puducherry, has preferred this Appeal.
(2.) RESPONDENTS 1 to 4 are the wife, daughter and sons of the deceased Kaliyamurthy. According to them, he was working as watchman in Moral Matriculation School, Korkadu, Puducherry and was earning Rs. 8,000/ - per month. On 6.5.2011, about 19.50 hours, when the deceased was proceeding in a bi -cycle, on Karikalambakkam to Villikanur Road, a Mahindra Van bearing Regn. No. TN -59 -C -7555, owned by the Correspondent, Aaruthra English School, Jayaganesh Nagar, Korkadu Village, Puducherry, and insured with Oriental Insurance Co. Ltd., Chennai, driven in a rash and negligent manner by its driver, dashed against the said Kaliyamoorthy, near the said school. He sustained a severe head injury and injuries on both legs, back and all over the body. Initially, he was provided first aid in Primary Health Centre, Karikalambakkam, and thereafter, referred to Government General Hospital, Puducherry. Despite intensive treatment, he died, on the same day. According to the respondents/claimants, at the time of accident, he was aged 50 years. A criminal case in Crime No. 94 of 2011 u/s. 279, and 304(A) of IPC was registered by the Station House Officer, Traffic P.S., Villianur, Puducherry against the driver of the said Mahindra Van. The claimants claimed compensation of Rs. 15,00,000/ -.
(3.) IN the counter affidavit, the Insurance Company/second respondent in the claim petition, has resisted the claim, contending inter alia that, there was no rash and negligent driving on the part of the driver of Mahindra Van bearing Regn. No. TN 59 C 7555, insured with them. They also further contended that one Mr. Udhayakumar, S/o. Sugumar, said to have driven the vehicle, has been charged u/s. 3 r/w 181 of M.V. Act. Therefore, when the owner of Mahindra Van, namely, the Correspondent of Aaruthra English School, Puducherry, had allowed the vehicle insured with them, to be driven by a person, without a valid and effective driving licence, there is a breach of policy condition, for which, the insurance company is not liable to pay the compensation. Without prejudice to the above, they disputed the age, avocation, income and quantum of the compensation claimed under various heads.