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2012 Supreme(Mad) 3656

ARUNA JAGADEESAN
Royal Sundaram Alliance Insurance Co. Ltd. , Sundaram Tower, Chennai – Appellant
Versus
Latha – Respondent


Advocates:
Advocate Appeared:
For the Appellant:K.S. Narasimhan, Advocate.
For the Respondents:S. Sivakumar, Advocate.

Judgment :-

1. The present appeal arises out of the award passed by the learned Principal Additional District Judge, MACT, Salem in MCOP.No.1194 of 2006 dated 10.11.2008, whereby the Tribunal awarded a sum of Rs.4,94,500/-to the claimants who are the legal representatives of the deceased Kasinathan who was 39 years old at the time of accident and was working as lorry driver cum agriculturist.

2. The Tribunal held that the owner and the Insurance Company/ appellant herein are jointly and severally liable to pay the above said compensation.

3. The appellant/Insurance Company has not seriously challenged the findings of the Tribunal on the point of negligence fastened on the part of the driver and quantum of compensation awarded. The challenge is on the ground that there is a breach of condition of policy as the vehicle in question was plying on public road without having obtained a certificate of registration and without displaying the registration number. It was contended by the learned counsel for the appellant that the vehicle ought not to have been plied in the absence of certificate of registration and as such there is breach of policy and therefore, the appellant/Insurance Com









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