(APPEAL against the judgment and decree made in MCOP No.490 of 1995 dated 16.08.1999 on the file of the Motor Accident Claims Tribunal, Principal District Court, Tiruvannamalai.)

The second respondent-Insurer in MCOP No.490 of 1995 on the file of the Motor Accident Claims Tribunal (Principal District Judge), Tiruvannamalai being aggrieved by the award dated 16.08.1999 made therein has filed the above appeal.

2. The learned counsel for the respondent is absent.

3. The only ground on which the above appeal has been filed is that the driver of the LPG tanker lorry bearing registration No.HR38-4456 belonging to the fifth respondent herein and which is involved in the accident causing the death of one Durai, who was the cleaner of the lorry bearing registration No.TMS 3317, was not authorised to drive heavy vehicles carrying hazardous goods as required by Rule 9 of Central Motor Vehicles Rules 1989 (hereinafter referred to as “the Rules”).

4. The learned counsel for the appellant submitted that though the driver of the tanker lorry involved in the accident was holding Ex.R-2-licence to drive a heavy goods vehicle, no endorsement has been made in the driving licence-Ex.R-2 as con