1. The National Insurance Company is the Appellant. In an accident, which occurred on 04.06.2006, the husband of the first Respondent, sustained injuries and despite intensive treatment, died in the Hospital on 07.06.2006. A case in Cr. No.403 of 2006 was initially registered under Sections 279 and 337, IPC and the same was subsequently altered into Sections 279 and 304-A, IPC, against the driver of the vehicle owned by the Second Respondent, at the time of accident, her husband owned a Beef Pakkoda Stall and earned Rs.250/-per day.

2. The owner of the vehicle remained ex parte and with the leave of the Court, the Appellant-Insurance Company disputed the manner of the accident and contended inter alia that the driver of the vehicle insured with them was not responsible for the accident. They also disputed the liability on the ground that the driver of the vehicle insured with them did not possess a valid and effective driving licence to drive a Mini Door Auto, bearing Registration No.TN-25-F-0898, belonging to the Second Respondent. Without prejudice to the above, they also disputed the age, avocation, income and the quantum of compensation claimed under different heads.