NATIONAL INSURANCE COMPANY LIMITED Vs. CHINNASWAMY

JUDGEMENT

(1.) BOTH these appeals have been filed by the insurance company against the award of Rs.76,244/ - and Rs.1,11,674/ - awarded in favour of the 1st respondent, respectively in both the appeals, on the ground that the driver of the vehicle did not possess the badge to drive the heavy vehicle and therefore pay and recovery should have been ordered by the tribunal.

(2.) HEARD Mrs.N.B.Surekha, learned counsel appearing for the appellant/insurance company and Mr.M.Selvam, learned counsel appearing for the respective 1st respondent/claimant.

(3.) IN both the claim petitions, though the tribunal found that the driver of the tempo van did not have the required licence and still directed the appellant/insurance company to pay the compensation amounts. Therefore, the said finding of the tribunal is modified directing the appellant insurance company to pay the compensation amount to the respondents/claimants and recover the same from the owner of the vehicle.