SIVAN Vs. VEDHAKKAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed to fix the entire liability on the Insurance Company and allow the Appeal and consequently, enhance the award amount passed in MCOP.No.274 of 2007 on the file of the Motor Accident Claims Tribunal / Chief Judicial Magistrate, Thirunelveli, dated 15.07.2009.

(2.) The appellant, who is the claimant in MCOP.No.274 of 2007 on the file of the Motor Accident Claims Tribunal / Chief Judicial Magistrate, Thirunelveli, challenging the Award, exonerating the second respondent / Insurance Company from its liability and aggrieved by the quantum of compensation, filed the present appeal.

(3.) The Tribunal considering the pleadings oral and documentary evidence let in by the parties, held that the accident occurred due to rash and negligent driving by the driver of the first respondent and hence, the first respondent is responsible for the accident and also held that the driver did not possess valid driving licence to drive the load Auto, exonerated the second respondent / Insurance Company from its liability.