1. As per the version of the parents, the respondents herein, that on 25.04.2007, about 7.45 Hours, when their daughter, Minor Shadhu, aged about 5 years, student of a primary school, at Singarapettai, was returning to her house, walking on the left side of the road, opposite to a Hardware shop, a Motorcycle, TVS Star DLX, bearing Registration No.TN 24 X 5235, driven in a rash and negligent manner, dashed against her from behind. She was thrown away and sustained fatal injuries. Immediately, the injured was taken to Government Hospital, Uthangarai Government Hospital, but she died on the way to the hospital. They claimed compensation of Rs.4,00,000/-.

2. The owner of the vehicle, N. Mathiarasan, 3rd respondent herein, remained ex parte.

3. M/s. United India Insurance Co. Ltd., Tirupattur, insurer of the motorcycle, died negligence, attributed against the rider. The Company submitted that the deceased suddenly crossed the road, without observing the Motorcycle and through the rider applied sudden brakes, the vehicle came in contact with the girl. Therefore, they further submitted that the accident did not occur, due to the negligent of the motorcyclist and adequate care and caution was taken, to avoid the same. For the reasons, stated supra, they disputed the liability to pay compensation.

4. Before the Claims Tribunal, father of the minor girl, examined himself as PW.1 and reiterated the manner of accident. PW.2, is stated to be an eye-witness. Ex.P1 - FIR, Ex.P2 - Post-Mortem Certificate, Ex.P3 - Death Certificate, Ex.P4 - Insurance Policy, Ex.P5 - Motor Vehicles Inspector's Report, Ex.P6 -R.C. Book have been marked on the side of the respondents/claimants. On behalf of the appellant-Insurance Company, two witnesses have been examined as RWs.1 and 2. RW.1, rider of the Motorcycle, has deposed that on the date of accident, he had learner's licence, at the time of accident. Ex.R1 - Insurance Policy, Ex.R2 Notice issued by the Insurance Company to the owner of the vehicle, Ex.R3 -Postal Acknowledgement, Ex.R4 - Notice issued by the Insurance Company to the driver of the vehicle and Ex.R5 - Postal Acknowledgement have been marked on the side of the appellant-Insurance Company.

5. On evaluation of pleadings and evidence, the Claims Tribunal has found that the motorcyclist was negligent in causing the accident and accordingly, quantified the compensation at Rs.3,80,000/-, with interest at the rate of 7.5% per annum.

6. Perusal of the award shows that M/s. United India Insurance Company has not taken any efforts to summon any official from the concerned Regional Transport Office, to ascertain, as to whether, the rider of the offending Motorcycle, did possess a valid and effective driving licence, to ride the Motorcycle. Except marking Ex.R2 -Notice issued by the Insurance Company to the owner of the vehicle, Ex.R3 - Postal Acknowledgement, Ex.R4 -Notice issued by the Insurance Company to the driver of the vehicle and Ex.R5 -Postal Acknowledgement, the Company has not summoned any official from the Regional Transport Office, to prove that the rider of the vehicle, did not possess a valid and effective driving licence, at the time of accident. Ex.B1, dated 01.12.2006, is the copy of the Insurance Policy, for the offending vehicle. In the absence of any proof, the Claims Tribunal, held that the owner and insurer, are jointly and severally liable to pay compensation to the accident victims.

7. Placing reliance on the decisions in Mohd. Ayyub v. Satish Kumar Gupta reported in 2010 ACJ 420, R.K. Malik v. Kiral Pal reported in 2009 (1) TNMAC 593 (SC) and National Insurance Co. Ltd., v. Farzana reported in 2009 ACJ 2763 (Delhi), the Claims Tribunal has awarded Rs.2,25,000/-. In addition to the above, the Claims Tribunal has awarded 75,000/-towards pecuniary damages, Rs.75,000/- towards future prospects, Rs.5,000/-for transportation and Rs.5,000/-towards Funeral Expenses. Altogether, the Claims Tribunal has awarded Rs.3,80,000/- for th