JUDGMENT :

N. Kirubakaran, J.

1. A sad and cruel accident took away of the life of a lady(deceased) which was witnessed by her husband and son. On 07.08.2010 at about 7.30 p.m., when the first respondent's wife, namely, Pushpa was walking along with her husband and son in Veerapandi-Theni main road, at that time, a mini door van belonging to the third respondent insured with the appellant, driven rash and negligently, hit the lady causing her death. Therefore, a claim petition. On contest, the Tribunal found that the accident occurred because of rash and negligent driving of the mini door van and determined the compensation of Rs. 5,34,360/- along with interest at the rate of 7.5% p.a. The said award is being challenged before this Court by the Insurance Company.

2. Heard Mr. C. Jawahar Ravindran, learned counsel appearing for the appellant and Mr. N. Mariappan, learned counsel appearing for the respondents 1 and 2/Claimants.

3. Mr. C. Jawahar Ravindran, learned counsel for the appellant would submit that the Tribunal ordered "pay and recovery" in spite of proving the fact that the driver of the mini door van did not possess valid driving licence and therefore "pay and recovery" should