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2001 Supreme(Mad) 847

P.SATHASIVAM, A.SUBBULAKSHMY
M/s. National Insurance Co. Ltd. , represented by its Branch Manager, Karaikudi Taluk, Pasumpon Muthuramalinga Devar District – Appellant
Versus
Sakthi and others – Respondent


Advocates Appeared:
Ms.N.B.Surekha for R. Vedantham for Appellant. A.R.L. Sundaresan for Respondent Nos.l to 5.

Judgment :-

P.Sathasivam, J.

M/s.National Insurance Company Limited is the appellant.

2. For the death of one Kasi in a motor vehicle accident that took place on 18.3.1996, wife and children of the deceased have prayed for a compensation of Rs.6 lakhs before the Tribunal. The said petition was resisted by the Insurance Company- second respondent therein by filing counter statement. The Tribunal after holding that the accident was caused due to the negligence of the driver of a van TTA 5801 belonging to the first respondent therein, passed an award for Rs.5,83,700.00 with interest at the rate of 12% per annum from the date of petition till ¦the date of deposit. Against the said award, the Insurance Company has preferred the present appeal.

3. Heard the learned counsel appearing for the appellant as well as for the respondents 1 to 5.

4. The 6th respondent - owner of the Van though duly served notice from this Court, has not chosen to contest the appeal by engaging a counsel.

5. Learned counsel appearing for the appellant Insurance Company mainly contended that, inasmuch as the driver of the van was not having valid driving license to drive any motor vehicle, the Tribunal committed an













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