JUDGMENT

(Prayer: The Civil Miscellaneous Appeal is preferred under Section 173 of the Motor Vehicles Act, 1988, against the Award and decree dated 15.09.2014 passed in M.C.O.P.No.40 of 2014 on the file of the learned Special District Judge, Special District Court-cum-Motor Accidents Claims Tribunal, Dharmapuri.)

1. The present Civil Miscellaneous Appeal is directed against the judgment and decree dated 15.09.2014 passed by the learned Special District Judge, Special District Court-cum-Motor Accidents Claims Tribunal, Dharmapuri in MCOP No.40 of 2014.

2. The appellant/Insurance Company preferred the present Civil Miscellaneous Appeal mainly on the ground of quantum of compensation awarded by the Tribunal as well as the liability and in view of the fact that the driver of the vehicle, which met with an accident was not in possession of a valid driving license and under those circumstances, the Tribunal ordered for pay and recovery.

3. The learned counsel appearing on behalf of the appellant has stated that the claimant was a minor aged about 10 years old and therefore, the calculation of compensation by the Tribunal is in violation of the judgment of the Hon’ble Supreme Court of India i