JUDGMENT

The instant appeal has been filed challenging the finding of the Tribunal holding the appellant liable to pay compensation jointly and severally with the insured.

2. The respondents 1 to 5 filed a claim petition stating that while one Venkatesan, the husband of the 1st claimant and the father of the claimants 2 to 4, was travelling as a pillion rider in a two-wheeler, the tipper lorry insured with the appellant came in a rash and negligent manner and dashed against the two-wheeler, as a result of which, he succumbed to the fatal injuries.

3. The appellant filed a counter stating that the accident did not take place due to the rash and negligent driving of the insured vehicle; that the driver of the insured vehicle did not possess a valid license to drive a heavy motor vehicle; and therefore, they are not liable to pay compensation.

4. The other respondents, namely, the owner of the two wheeler and the insurer submitted that the accident took place due to the negligent driving of the insured vehicle.

5. The claimants examined P.W.1 and P.W.2 and marked Ex.P.1 to Ex.P.12. The appellant examined one witness as R.W.1.

6. The Tribunal, after taking into consideration the oral and do