In the High Court of Judicature at Madras Dated: 07.06.2010 Coram The Honourable Mr. Justice R.SUBBIAH Civil Miscellaneous Appeal(NPD)No.1260 of 2010 and M.P.No.1 of 2010 The Branch Manager, The National Insurance Co. Ltd., No.62, T.S.R. Big Street, Kumbakonam Town & Munsif. ... Appellant/2nd Respondent ..vs.. 1.K.Navamani 2.R.Kaliaperumal ... Respondents/Petitioner & 1st Respondent This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 05.11.2008 made in MCOP.No.81 of 2007 on the file of the Motor Accidents Claims Tribunal/Subordinate Judge, Mannargudi, Thiruvarur District. For Appellant : Mr.J.Chandran JUDGMENT This appeal is filed by the Insurance Company,listed today for admission. 2. The learned counsel appearing for the appellant/ Insurance Company contended that it is the specific case of the Insurance Company before the Tribunal that the rider of the insured vehicle viz., Motor cycle bearing Registration No.T.N.51-U-3534 did not possess a valid driving licence at the time of the accident. Hence, the appellant/Insurance Company is not liable to pay the compensation. But the Tribunal, without considering this aspect, has passed an award against the appellant/Insurance Company. That apart, the learned counsel appearing for the appellant/Insurance Company contended that the quantum of compensation awarded by the Tribunal under the various heads appears to be on the higher side. Therefore, on that ground also, the award passed by the Tribunal is liable to be modified. https://hcservices.ecourts.gov.in/hcservices/ 3. Keeping the submission made by the learned counsel appearing for the appellant in mind I have gone through the discussions made in the award. 4. Though a defence was taken by the appellant Insurance Company before the Tribunal that the driver of the insured vehicle did not possess a valid driving licence at the time of the accident, the appellant/Insurance company has not taken any steps to prove the same before the Tribunal through proper evidence. Further, I find that no notice was issued to the rider of the vehicle to produce the driving licence. Therefore, I am of the considered opinion that the question of drawing adverse inference in favour of the Insurance company does not arise in this case. Hence I do not find any error in fixing the liability on the part of the appellant/Insurance Company. 5. On going through the reasoning made in the award, I find that on account of the accident, the victim had sustained a fracture on his right foot and abrasion all over the body. The Tribunal has fixed the liability at 22% and awarded a sum of Rs.33,000/- for disability of 22%. That apart, the Tribunal has awarded a sum of Rs.15,000/- for pain and suffering, a sum of Rs.11,000/- for medical expenses, a sum of Rs.35,000/- for loss of income and a sum of Rs.5,000/- for transportation charges and awarded a total sum of Rs.99,000/-. Considering the facts and circumstances of the case, I find that the total amount of Rs.99,000/- awarded by the Tribunal cannot be said to be an exorbitant amount. Hence, I am not inclined to admit this appeal. 6. In the result, this Civil Miscellaneous Appeal is dismissed at the admission state itself. No costs. Consequently, connected M.P. is also closed. rrg Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar https://hcservices.ecourts.gov.in/hcservices/ To The Motor Accident Claims Tribunal Subordinate Judge, Mannargudi, Thiruvarur District. + 1 cc to Mr. J. Chandran, Advocate SR No.40509 C.M.A.NPD.No.1260 of 2010 NG(CO) SR/9.7.2010 https://hcservices.ecourts.gov.in/hcservices/