The main legal point established in the judgment is the liability of the insurance company in a motor vehicle accident case and the rights of the widow as a legal heir under the relevant legal provisions.

Kirubakaran, J.

This appeal has been filed by one of the claimants for enhancement as the appellant was aggrieved by the judgment and decree of the Tribunal in awarding only a sum of Rs. 1,44,000 (rupees one lakh forty-four thousand) to be paid by the owner. Further grievance of the appellant is that the award should have been made against the insurance company also. The deceased was travelling as a load man in respondent No. 1's vehicle (lorry) bearing registration No. TN 59-B 2601 which was proceeding towards Madurai from Kamudakkudi. The driver of the lorry drove the vehicle in a rash and negligent manner and with high speed and due to which the driver lost his control and the vehicle got capsized and the deceased died on the spot.

2. A claim petition was filed and the same was contested by the respondent No. 2 insurance company. After inquiry the Claims Tribunal awarded only a sum of Rs. 1,44,000 (rupees one lakh forty-four thousand) against the respondent No. 1 owner and the said award is challenged by the claimant.

3. Learned counsel for the appellant submitted that the victim, namely, husband of the appellant died at the age of 25 and he was earning a sum of Rs. 70 per day. However, the Tribunal fixed the daily earnings at Rs. 20 and arrived at Rs. 600 per month and awarded a sum of Rs. 2,16,000 only. After deducting his personal expenses Rs. 1,44,000 was determined as loss of income.

4. According to learned counsel for the appellant, the award amount is very low as per available evidence on record. He further submitted that no amount was awarded under the heads of 'loss of consortium', Toss of love and affection', 'funeral expenses' and 'transport charges' and hence, he prayed for enhancement of the award amount.

5. On the other hand, learned counsel for the respondent No. 2 contended that the driver of the vehicle did not have proper heavy vehicle licence to drive the vehicle and he was having only licence for driving light motor vehicle and hence the Tribunal was right in fixing the liability on the owner of the vehicle and there was no liability on the part of the insurance company. Secondly, he contended that the amount awarded as per earning capacity in the year 1992 and the same was on the higher side and in any event, the award given by the Tribunal is reasonable and the Tribunal only fixed the liability on the owner and the insurance company is in no way concerned with that. Thirdly, the learned counsel for respondent No. 2 contended that the mother of victim, namely, Kaliyammai died subsequently and the appellant, namely, Selvi got remarried and delivered two children through the second marriage and she is no more legal heir of the deceased Shangaiah and she lost locus standi to maintain the appeal.

6. The learned counsel relied upon the judgments in Sardari and Others Vs. Sushil Kumar and Others, (2008) 151 PLR 427, and The Oriental Insurance Co. Ltd. Vs. Sivammal and Others, (2009) ACJ 1081 : (2007) 6 MLJ 384, to drive home the point that non-possession of the driving licence by the driver at the time of the accident is a violation of conditions of contract of insurance policy and the insurance company cannot be fastened with liability. Hence, he contended that the Tribunal was right in fastening the liability on the owner, the respondent No. 1 herein.

7. Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent No. 2.

8. It is seen from the records that driver Karunanithi, as recorded in para 15 of the award, was possessing the driving licence for light motor vehicle TLR No. 1880/91 for the period 5.9.1991 to 4.9.1994. The said fact was confirmed by PW 4 who was working in Sivagangai Regional Transport Office. However, the driver did not have the proper licence for driving heavy vehicle. Since the vehicle involved in the accident was heavy vehicle, Karu