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2002 Supreme(Mad) 536

M.KARPAGAVINAYAGAM
Lakshmi and others – Appellant
Versus
Mani and others – Respondent


Advocates:
N.Manokaran, for Appellants.
Mrs.N.B.Surekha, for Respondent No.3.

JUDGEMENT: The claimants are the appellants.

2. The claimants filed a claim petition seeking for the award of compensation of Rs.8 lakhs for the death of the husband of the first appellant, since he died in the road accident when the lorry belonging to the second respondent which was insured with the Insurance Company, the third respondent herein, hit against the deceased.

3. The Tribunal, after enquiry, awarded Rs.2,16,000 with 12 % interest from the date of petition till realisation, directing the first and second respondents, namely, the driver and owner of the vehicle to pay the said award amount, holding that the Insurance Company, the third respondent herein, is not liable to pay the award amount, as the first respondent/ driver was not possessing the driving licence which has been proved by the Insurance Company. Seeking for the enhancement of the award and for modification of the award with reference to the liability of the Insurance Company, the claimants have filed this appeal.

4. I have heard learned counsel for the appellants and the third respondent.

5. Learned counsel for the appellants would mainly urge that in view of the decision of the Supreme Court reported in New I








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