UNITED INDIA INSURANCE CO LTD Vs. A CHANDRAN

JUDGEMENT

(1.) 1.

(2.) THE above appeal is directed against the judgment and decree dated 19. 07. 2004 made in M. C. O. P. No. 131 of 2003 on the file of the Motor Accidents Claims Tribunal (I Additional Sub Court), Erode.

(3.) THE learned counsel for the appellant Insurance Company raised the following contentions: (i) the driver of the vehicle was not having a valid licence at the time of the accident and therefore there was violation of the conditions of the insurance policy and hence the Insurance Company is not liable to pay any compensation to the claimant; (ii) though the trial judge has observed in the order that the appellant/insurance company can recover the award amount from the owner of the vehicle, the same does not find place in the decree; (iii) the quantum of compensation awarded by the Tribunal is excessive; and (iv) the award of interest at 9% is contrary to the decision of the Supreme Court reported in 2005(4) Supreme 87.