S. Manikumar, J.

Iffco-Tokio General Insurance Company, Salem, has filed this appeal, challenging the finding, fixing negligence on the rider of the Bajaj Pulsar Motorcycle, bearing Registration No. TN 28 AJ 4385, consequential liability and the quantum of compensation of Rs. 9,50,300/-, with interest, at the rate of 7.5% per annum.

2. According to the respondent/claimant, that on 08.06.2011, about 9.30 P.M., when he was riding a TVS 50 XL Motorcycle, bearing Registration No. TAG 1239, towards Nallipalayam from Mullampatty, on the left side of the road, near Jehan Daba Hotel, at Muthalaipatty Pudur road, on Namakkal-Salem Main Road, a Bajaj Pulsar Motorcycle, bearing Registration No. TN 28 AJ 4385, owned by the 2nd respondent and insured with the appellant-Insurance Company, driven by its rider, in a rash and negligent manner, dashed against the TVS 50 XL Motorcycle, due to which, he was thrown away from the said vehicle, and sustained compound fractures, in both the legs and multiple injuries, in other parts of the body. Immediately, he was taken to Aravind Hospital, Namakkal and given First Aid. Thereafter, he was admitted in Ganga Hospital, Coimbatore and took treatment as inpatient. In this regard, a case in Cr.No.272 of 2011, has been registered against the rider of the offending vehicle, on the file of Nallipalayam Police Station, for the offences under Sections 279 and 337 IPC. According to the respondent/claimant, at the time of accident, he was aged 44 years and engaged as poultry vacinator and earned Rs. 10,000/- per month. He claimed compensation of Rs. 10,00,000/-.

3. Before the Claims Tribunal, the owner of the Bajaj Pulsar Motorcycle, bearing Registration No. TN 28 AJ 4385, remained ex parte.

4. Iffco-Tokio General Insurance Company, Salem, the appellant herein, has opposed the claim petition, contending inter alia that the rider of the TVS 50 XL, was negligent in causing the accident. It further submitted that inspection of the vehicles, involved in the accident, has been done, after 60 days, from the date of alleged accident and impleading the Bajaj Pulsar Motorcycle, insured with them, was only an after thought, for the purpose of deriving unlawful gain from the Insurance Company.

5. Seeking exoneration of its liability, the appellant-Insurance Company has further submitted that the rider of the Bajaj Pulsar Motorcycle, bearing Registration No. TN 28 AJ 4385, did not possess a valid and effective driving licence and that for the violation of policy conditions, the Insurance Company is not liable to pay compensation. Without prejudice to the above, they also disputed the age, avocation and income of the injured and the quantum of compensation claimed under various heads.

6. Before the Claims Tribunal, the injured examined himself as PW.1 and reiterated the manner of accident and further adduced evidence, as regards the injuries sustained, treatment and expenses incurred. PW.2, the Doctor, who examined the respondent/claimant, with reference to the medical records, has assessed the disablement. Ex.P1 - FIR, Ex.P2 - Wound Certificate, Ex.P3 - Motor Vehicles Inspector's Report, Ex.P4 - Charge Sheet, Ex.P5 - Judgment of the Criminal Court, Ex.P6 - Discharge Summary, Ex.P7 - Medical Bills, Ex.P8 - Medical prescription, Ex.P9 - Driving Licence, Ex.P10 (25 series) - X-Rays, Ex.P11 (2 series) - Photographs, Ex.P12 - X-Rays and Ex.P13 - Disability Certificate, have been marked on the side of the respondent/claimant. On behalf of the appellant-Insurance Company, RW.1, Liason Officer of the Insurance Company and RW.2, Junior Assistant, have been examined, and marked Ex.R1 - Policy, Ex.R2 - Lawyer's Notice, Exs. R3 and R4 - Postal Acknowledgments and Ex.P5 - Letter from the Regional Transport Officer, Namakkal.

7. On evaluation of pleadings and evidence, the Claims Tribunal held that the rider of the Bajaj Pulsar Mo