- (1.) CHALLENGE in this appeal is to the liability of the insurance company to pay compensation to the legal representatives of the deceased, stated to be aged, 21 years, at the time of accident and a cleaner. Income has been fixed as Rs.4,500/ - and '18' multiplier has been applied. Compensation awarded under the head 'love and affection' is assailed on the ground that they are not the dependents of the deceased. The claimants are parents, brothers and sisters.
(2.) HAVING noticed that the driver of the offending vehicle, bearing Regn.No.TN28R7286, insured with New India Assurance Company, Thiruvannamalai, the appellant herein, did not possess a valid and effective driving licence, at the time of accident, the claims tribunal has directed the insurance company to pay compensation of Rs.7,20,000/ - with interest at the rate of 7.5% from the date of claim and then, to recover from the owner of the vehicle, 1st respondent in the claim petition.
(3.) HEARD the learned counsel for the appellant, Insurance Company. The issue as to whether the insurance company has to pay the compensation amount, if the vehicle insured with them is driven without a valid licence, is no longer res integra in the light of the decision inS.Iyyappan Vs. United India Insurance Company Limited & Another, reported in 2013 (7) SCC 62.;