1. The appellants / claimants have preferred the present appeal against the judgment and decree dated 15.12.2004, made in M.C.O.P.No.1563 of 1999, on the file of the Motor Accident Claims Tribunal, Additional District & Sessions Court (Fast Track Court No.I), Chennai.

2. The short facts of the case are as follows :–

That on 24.05.1997, at about 02.15 p.m., when the deceased Manoharan, aged about 52 years, who was working as a Masthoor at Madras Doct Labour Board, was crossing Rajaji Salai, the rider of the motorcycle bearing registration No.TN09 J0127, rode it at a high speed and dashed against him. As a result, the deceased Manoharan sustained injuries and succumbed to it. Hence, the claim petition had been filed by the legal heirs of the deceased against the owner and Insurance Company of the motorcycle.

3. The second respondent Insurance Company had filed a counter statement and resisted the claim petition. They had stated in their counter statement that the rider of the motorcycle did not possess a valid driving licence and as such there is a breach of policy conditions. Further, the deceased had suddenly crossed the road without noticing the oncoming vehicle. Further