The Judgment was delivered by :

National Insurance Company is the appellant in both the appeals. The Insurance Company is challenging its liability. Since the issue is one and the same in both the appeals, they are being disposed of by the following common order.

2. First I shall take up C.M.A. No. 903 of 1992, which is filed against the award of the Motor Accident Claims Tribunal (Additional Sub-Judge), Tirunelveli in M.C.O.P. No. 65 of 1990 wherein respondents 1 to 3 herein have secured an award for Rs. 2,92,352/- in their favour. C.M.A. No. 402 of 1992 is against M.C.O.P. No. 145/90 on the file of Motor Accident Claims Tribunal (District Judge), Dindigul wherein the first respondent herein secured an award of Rs. 1,00,000/- as compensation.

3. Heard the learned counsel for the appellant and the respondents.

4. The only point for consideration is whether the insurance company is liable to pay the award amount in the absence of special endorsement for driving tourist car in the driving licence of the driver concerned. It is the definite case of the learned counsel for the appellant that inasmuch as the vehicles in question are tourist taxi, in the absence of special endors