J U D G M E N T

This appeal is by the Insurance Company challenging the award of the Motor Accident Claims Tribunal, Sub-Court, Sivakasi passed in MCOP No.52 of 2005 dated 06.11.2009.

2.This is the case of the fatal accident. The claimants are the legal heirs of the deceased Mahendran. According to the claimants, on 06.03.2005, the deceased and his brother one Chidambaram were travelling in a motorcycle bearing registration No.TN-67-R-8592. The deceased was a rider and his brother was pillion rider. While so, the rider of the motorcycle bearing registration No.TN-67-R-8473, who was following the vehicle of the deceased, hit against the two wheeler, in which, the deceased was a rider. In the accident, the deceased died on the spot.

3.The prime contention of the appellant is that the rider of the offending vehicle was not having a valid and effective driving license and hence, no liability can be fastened on the Insurance Company. In order to prove the defense, they examined three witnesses on their side and marked two documents. Ex.P.4 produced on the side of the claimants shows that the rider of the offending vehicle was having licence to driver light motor vehicle. The Tribunal acce