NATIONAL INSURANCE COMPANY LTD Vs. STELLA JABEKANI

JUDGEMENT

(1.) The award dated 4 July 2017 in MACTOP No.4031 of 2014 on the file of the Motor Accidents Claims Tribunal, Chennai, is under challenge at the instance of the Insurance Company in CMA No.924 of 2018 on the ground that driver of the vehicle was not having a valid driving license to drive Heavy Goods Vehicle as on the date on which the accident took place. The claimant has filed the appeal in CMA No.3364 of 2017 on the ground that the Tribunal awarded only a less amount as compensation and as such additional compensation should be paid.

(2.) We have heard the learned counsel for the respective parties. We have also perused the documents available on record including the documents now produced by the appellant in CMA No.924 of 2018 along with the interlocutory application.

(3.) The accident in question took place on 8 April 2014. The petitioner in the claim petition was travelling as a pillion rider in the motor vehicle bearing Registration No.TN 21 F 9709 from Uthirameur to Kanchipuram near Maruthuva padi Koot Road. The lorry bearing Registration No.AP 02 TB 6679 which was driven by the 2nd respondent in CMA No.924 of 2018 in a rash and negligent manner caused the accident in question. The claimant sustained grievous injury resulting in filing the claim petition for payment of compensation.