BRANCH MANAGER, NATIONAL INSURANCE COMPANY LIMITED Vs. SHANMUGATHAI

JUDGEMENT

(1.) Challenge in this appeal is with regard to quantum of compensation, manner of accident and the liability of the Insurance Company. Though the Civil Miscellaneous Appeal was listed on 3.7.2008, 4.7.2008, 7.7.2008, 8.7.2008, 9.7.2008 and 10.7.2008, there was no representation for both parties. Today also there is no representation. Therefore, this Court is constrained to take up and decide the appeal on its merits.

(2.) Facts leading to the Civil Miscellaneous Appeal are as follows:

(3.) The appellant/Insurance Company has further contended that at the time of accident, the deceased Shanmugasundaram was riding the Motor Cycle TN.76-Z-5997 without any valid driving licence and therefore, when there is a fundamental breach of the policy condition, the Insurance Company is not liable to pay the compensation. On the question of quantum of compensation, the appellant/Insurance Company has contended that the wife of the deceased was receiving family pension for herself and the other claimants viz., married daughter and self earning major sons are not eligible for compensation. The appellant/Insurance Company also contended that the rate of interest claimed on the quantum of compensation is on the higher side.