(Order of the Court was made by RAJIV SHAKDHER, J.)
1. This is an appeal filed against the order, dated 22.02.2016, whereby, the respondents have been awarded the compensation equivalent to a sum of Rs.16,46,000/-, with interest at the rate of 7.5% per annum, from the date of petition, till the date of realisation of compensation.
2. Counsel for the appellant seeks to challenge the impugned order on a singlular ground, which is, that the deseased at the time of the accident, did not possess a valid driving licence.
3. A perusal of the record would show that the accident occurred on 24.12.2014, at 11.45 hours, when the deceased Yacop was proceeding on his motor cycle, towards Parur Village from Vridhachalam. The accident occurred when Yacop reached VET Higher Secondary School. The record further shows that the motor cycle, in which, Yacop was riding collided with the bus owned by the appellant, bearing Registration No.TN32-N-2182.
3.1. The factum of collison and the resultant death of Yacop is not disputed before us.
4. We have examined both the counter affidavit filed by the appellant before the Tribunal and the grounds of appeal filed before us. Nowhere has the appellant taken the ground that the deceased Yacop did not possess a valid licence. As a matter of fact, the issues framed by the Tribunal are also demostrative of the fact that parties were not at lis qua this specific issue.
4.1. Therefore, the submission made in this behalf by the counsel for the appellant cannot be sustained. Even othewise, we find no error in the impugned order.
5. The Civil Miscellaneous Appeal is, accordingly, dismissed. Consequently, connected civil miscellaneous petition is closed. No costs.