JUDGMENT :

(This case has been heard through video conference)

This Civil Miscellaneous Appeal has been filed seeking the enhancement of the award dated 30.06.2011 passed in MCOP.No.887 of 2008 by the Motor Accidents Claims Tribunal, IV Fast Track Court, Chennai.

2. The case in brief is as follows:

On 01.01.2008 at 9 hours, while the boy/Chandran was crossing the Kandigai Road, Melakottaiyur opposite to Polywash Company along with his aunty, a motor cycle bearing Registration No. TN-22-AZ-5670 driven by its rider in a rash and negligent manner hit the boy, causing him grievous injuries, resulting in his death. The first respondent is the owner/rider of the two wheeler. The second respondent is the insurer of the tow wheeler. Both are jointly liable to pay compensation to the claimant. The first respondent remained exparte before the Tribunal.

3. The second respondent/Insurance Company declined the claim stating that the rider of the vehicle did not have proper licence and did not posses valid insurance policy. As there is violation of policy condition, the second respondent/Insuranc