IFFCO TOKYO GENERAL INSURANCE COMPANY LIMITED Vs. THANGAMMAL

JUDGEMENT

(1.) Heard the learned counsel appearing for both sides and perused the records carefully.

(2.) It is a case of fatal. The manner of the accident is not in dispute. At the time of death, the deceased was 70 years old. The Tribunal has awarded a sum of Rs. 1,59,600/- as compensation. The appellant / Insurance Company has filed this appeal questioning the liability.

(3.) The learned counsel appearing for the appellant / Insurance company would submit that the Tribunal has fixed the entire liability on the appellant / Insurance Company by erroneously holding that at the time of the accident, no goods were carried in the goods carrier vehicle and hence, the said vehicle was not deemed to be a goods carrier at the time of accident and therefore, the additional license in the form of an endorsement or badge authorising him to drive such a transport vehicle is not necessary. Thus, he prayed to set aside the award passed by the Tribunal.