JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 11.02.2015 made in M.C.O.P.No.334 of 2011, on the file of the Motor Accidents Claims Tribunal (I Additional District and Sessions Judge), Vellore.)

(The case has been heard through video conference)

1. This appeal is by preferred by the Insurance Company. Aggrieved by the award passed by the Tribunal holding that the Insurance Company is liable to indemnify the insured, who has violated the policy condition as well as statute by driving the motor vehicle without license, the present appeal is filed.

2. Mr.M.Suresh, 21 years old studying in an Engineering College final year student. On 04.10.2008, borrowed his friends new unregistered two wheeler Hero Honda Splendor and proceeding towards Arni along the Arni to Arcot Road. At about 8.00 p.m., near Kamaraj Statute at Arni, a TATA SUMO bearing Registration No.TN-07-F-9798, dashed against the two wheeler and caused the accident. Two wheeler rider Mr.Suresh sustained multiple injuries and got admitted in the hospital. The doctor, who examined him after recovery from the injuries had issued disability