S.LATHA Vs. UNITED INDIA INSURANCE CO.

JUDGEMENT

(1.) Leave granted.

(2.) The present appeal arising out of Special Leave Petition (C) No.24472 of 2019 is against the judgement dtd. 9/11/2017 passed by the Madurai Bench of the Madras High Court, in C.M.A (MD) No.401 of 2016 filed by the Insurance Company, 1st Respondent whereby the High Court has fastened liability solely on the owner of the vehicle, 2nd Respondent and relieved the Insurance Company from all liability to pay the due compensation.

(3.) The Appellants before us are the wife and minor son of the deceased, M. Srinivasan. The deceased was travelling in the 2nd Respondent's vehicle as a load man of the goods vehicle. The vehicle crashed into a tree and the appellant's husband M. Srinivasan sustained injuries and died on the spot. The Appellants filed MCOP No.469/2013 before the Special District Court, Tiruchirappalli for compensation. The District Court vide order dtd. 10/7/2014 granted the Appellants Rs.5,74,000.00as compensation and held the Insurance Company to be liable for the compensation to be paid to the Appellants. The Insurance Company filed an appeal before the High Court challenging this order. The High Court vide the impugned judgement has directed the owner of the vehicle, the 2nd Respondent herein, to pay the compensation and absolved the liability of the Insurance Company. The owner of the vehicle has been directed to pay the entire compensation award with 7.5% interest per annum.