The main legal point established in the judgment is that the liability of the insurance company to pay compensation in a motor accident case is determined based on the cause of the accident and the possession of a valid driving licence by the driver.

D. Hariparanthaman, J.

These civil miscellaneous appeals are preferred by the insurance company against the common judgment and decree dated 8.2.1999 passed in M.A.C.T.O.P. Nos. 492 of 1997, 70 of 1994 and 1 of 1996 respectively, by the Motor Accidents Claims Tribunal (Additional District Judge-cum-Chief Judicial Magistrate), Pudukkottai. The brief facts leading to the filing of these appeals are as follows:

(a) The respondents in these appeals are the claimants before the Motor Accidents Claims Tribunal (Additional District Judge-cum-Chief Judicial Magistrate), Pudukkottai in the respective claim petitions.

(b) The marriage between the appellant in C.M.A. (MD) No. 2005 of 2009 and Muthupalaniappan took place on 5.9.1993.

(c) On the fateful day of 6.10.1993, Muthupalaniappan drove Ambassador car bearing registration No. TN 53-5856, which was a tourist car belonging to his brother-in-law, from Trichy to Pudukkottai, after attending the feast that was organised at the palace of Pudukkottai Maharaja. Along with him, his father, mother, wife and his family friend one Gopal also travelled in the car. According to the respondents, when the car came near Melur, the front tyre of the car burst, resulting in loss of control of the vehicle and the vehicle crossed the right side mud portion of the road and hit against a banian tree. Due to the accident, Muthupalaniappan as well as Gopal sustained grievous injuries. Immediately, they were taken to Government Headquarters Hospital, Pudukkottai. On the advice of the doctors at Government Headquarters Hospital, Pudukkottai, Muthupalaniappan was taken to Madurai for further treatment. But however, he succumbed to injuries on the way to Madurai. Gopal was admitted in the Government Headquarters Hospital, Pudukkottai itself and took treatment as inpatient from 6.10.1993 to 30.10.1993. Due to the accident, Gopal suffered 60 per cent permanent disability. The car involved in the accident was insured with the appellant insurance company.

(d) Thereafter, Gopal, family friend of deceased, filed a petition in M.A.C.T.O.P. No. 70 of 1994 u/s 166(1)(a) of the Motor Vehicles Act before the Motor Accidents Claims Tribunal (Additional District Judge-cum-Chief Judicial Magistrate), Pudukkottai, against the owner of the car and the appellant insurance company, claiming compensation of a sum of Rs. 5,00,000. In the claim application, he pleaded that he was 50 years old and was employed as a teacher in Kalaimagal Primary School at Pudukkottai. Further, the accident was caused due to the bursting of the right front tyre of the car. Due to the front tyre burst, the driver lost control and car hit a banian tree. He further pleaded that due to the accident, he sustained 60 per cent permanent disability. Before accident, he was employed as a teacher for 27 years and was receiving a sum of Rs. 2,755 per month as his salary. He was living with his wife, children and his aged mother.

(e) Subsequently, Radha, wife of the deceased, filed a petition in M.A.C.T.O.P. No. 1 of 1996 u/s 166(1)(c) of the Motor Vehicles Act before the Motor Accidents Claims Tribunal (Additional District Judge-cum-Chief Judicial Magistrate), Pudukkottai against the owner of the car and the appellant insurance company, claiming compensation of a sum of Rs. 10,00,000. In the claim petition filed before the Tribunal, she pleaded that she was 21 years old. At the time of accident, the car was in the process of overtaking a bullock-cart. By the time the front tyre of the car burst out and that resulted in the loss of control and that the car hit a banian tree, which resulted in the death of her husband. She further pleaded that her marriage with the deceased took place just a month back. At the time of accident, her husband was 24 years old and he owned a Computer Training Centre at Pudukkottai and earned a sum of Rs. 5,000 per month.

(f) Likewise, the father and mother of the deceased, viz., Balasubramanian and Janaki, filed a petition in M.A.C