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2011 Supreme(Mad) 4877

K.B.K.VASUKI
Manager, IFFCO Tokio General Insurance Co. Ltd. – Appellant
Versus
Selvam – Respondent


Advocates Appeared:
For the Appellant : S. Srinivasa Raghavan

JUDGMENT :

K.B.K. Vasuki, J.

This appeal is, on consent, disposed of at the admission stage. This appeal is filed by respondent No. 2, insurer, against the award of compensation of Rs. 5,95,000/- made in favour of the claimants-respondent Nos. 1 to 3 for the death of one Dhanam in the accident occurred at 10.15 p.m. on 31.5.2009 near Gopalpatti Karuppu Kovil on Dindigul-Natham Main Road due to head-on collision of two autos owned by respondent Nos. 1 and 3 and insured with respondent Nos. 2 and 4.

2. The Tribunal, after due analysis of the materials placed before the same, found that the driver of the respondent No. 1's auto is responsible for the accident and that the auto driver was having licence only to drive light motor vehicle and the auto in question was used for transport purpose and the auto driver drove the vehicle without any badge or endorsement to drive particular type of vehicle, as such, he is not duly licensed to drive the vehicle and on the basis of such finding, directed the award of compensation to be satisfied by the respondent No. 2, insurer, on behalf of the respondent No. 1, insured, at the first instance with right given to the respondent No. 2, insurer, to rec
















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