JUDGMENT :

Prayer: Civil Miscellaneous Appeal filed under Section 173 of Motor Vehicles Act, to set aside the award of Rs.14,12,000/-passed in M.C.O.P.No. 425 of 2009, dated 26.07.2013, on the file of the learned Motor Accident Claims Tribunal cum III Additional District and Sessions Judge, Tirunelveli.

1. This Civil Miscellaneous Appeal has been filed to set aside the award, dated 26.07.2013 in M.C.O.P.No.425 of 2009, passed by the learned Motor Accident Claims Tribunal cum III Additional District and Sessions Judge, Tirunelveli.

2. It is a case of fatal accident, which took place on 23.12.2008 at 02.45 p.m., the deceased who is husband of the 1st claimant was riding a motorcycle bearing Regn. No.TN-72-AB-3224 towards west, Tenkasi – Tirunelveli main road, near Esakkiamman Temple, a Tractor bearing Regn.No.TN-72-E-4388 and a Trailer bearing Regn.No.TN-72-E-8427 came from opposite direction with rash and negligent manner and hit against the deceased's motorcycle. Due to the said accident, the deceased has sustained grievous injuries and died.

3. The claimants have filed a claim petition in M.C.O.P. No.425 of 2009 on the file of the learned III Additional District Judge/Motor Accident Claims Tribunal, Tirunelveli, seeking compensation.

4. Before the Tribunal, on the side of the claimants two witnesses were examined as P.W.1 & 2 and marked eight documents as Exs.P.1 to P.8 and R.W.1 to 3 were examined and Ex.R.1 to 3 were marked.

5. The Tribunal, after considering the pleadings, oral and documentary evidences and the arguments of the counsel for the claimants and the insurance company and also on appreciating the evidences on record, held that the accident was occurred only, due to the rash and negligent driving of the driver of the Tractor and Trailer and the appellant/insurance company was directed to pay the award amount fixed by the tribunal to the claimants.

6. Heard on either side. Perused the material documents available on record.

7. The appellant/Insurance company has filed this appeal to set aside the award, dated 26.07.2013 in M.C.O.P.No.425 of 2009, passed by the learned Motor Accident Claims Tribunal cum III Additional District and Sessions Judge, Tirunelveli.

8. This Civil Miscellaneous Appeal is filed on the ground that the Court below has failed to note that the appellant/insurance company has already let in evidence to discharge onus, to prove that the driver was not having valid licence at the time of accident and the appellant has proved by summoning RTO officials that the driver did not possesses a valid driving license. Hence, the appellant had discharged the burden to prove that the owner had committed a breach of policy condition in allowing the vehicle to be driven by a person who did not have a valid licence at the time of accident. Hence, the appellant/insurance company is not liable to pay compensation to the claimant. The Court below has also failed to note that the award under challenge is, however, multiplier method adopted by the Court below, very much exaggerated and disproportionate to the death.

9. The claimants have filed the claim petition in M.C.O.P.No.425 of 2009 seeking compensation for the death of the husband of 1st claimant who died in road accident on 23.12.2008, at 02.45 p.m., when he was riding a motorcycle from Kandisperi to Oldpettai, a Tractor with Trailer came in the opposite direction in rash and negligent manner and dashed with motorcycle. The deceased sustained with multiple injuries and died in the hospital. The tribunal has awarded a sum of Rs.14,12,000/-as compensation to the claimants.

10. The main contention of the appellant/insurance company is that at the time of accident, the driver of the Tractor and Trailer was not having valid license. Therefore, the tribunal ought to have passed an order for pay and recovery.

11. In support of his contention, the learned counsel appearing for the appellant/insurance company has relied upon the Order passed by the Division Bench of this Court in