ORIENTAL INSURANCE COMPANY LIMITED Vs. SHEELADEVI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred by the Insurance Company as against the award of Rs.19,25,000/- passed by the Motor Accidents Claims Tribunal ( Additional Sub Court), Mayiladuthurai, in M.C.O.P. No. 286 of 2015, by order dated 10.08.2017, for the death of one Vidyasagar, aged about 19 years, a sculptor by profession, alleged to be earning about Rs.15,000/- per month, in the accident, which occurred on 22.03.2015, when the two-wheeler, in which the deceased was travelling as a pillion rider, was hit down by a lorry coming in the opposite direction, driven rashly and negligently.

(2.) Heard Mr.S.Manohar, learned counsel for the appellant, Mr.R. Shivakumar, learned counsel for M/s.K.M. Vijayan Associates for respondents 1 and 2.

(3.) Though Mr.S. Manohar, learned counsel for the appellant would submit that the rider of the two-wheeler in which the deceased travelled as a pillion rider did not possess a driving licence, the Tribunal, based on Ex-P2, Motor Vehicle Inspector's Report, which speaks about the possession of driving licence by the two-wheeler rider, had rejected the said contention and the Tribunal was right in doing so. Therefore, the contention of the learned counsel for the appellant in this regard deserves to be rejected.