NEW INDIA ASSURANCE COMPANY LTD. Vs. SARASWATHY

JUDGEMENT

(1.) The 2nd respondent/insurer in OP (MV) No.1221 of 2003 on the file of Motor Accidents Claims Tribunal, Attingal is the appellant herein, challenging the award dtd. 2/1/2010 on the ground that a gratuitous passenger in a goods vehicle was not covered by the policy, and hence the legal heirs were not entitled to get compensation on his death.

(2.) The facts in brief are as follows: Sri.Shanmugha Raja, a 28 year old man, succumbed to the injuries in a motor accident occurred on 28/6/2003. The deceased was travelling inside the cabin of a lorry bearing registration No. TN-72/Z-5494 as a loading worker. The lorry was driven by the 6th respondent-Sri.Subramaniyan. When the lorry reached near Azhicode, due to his rash and negligent driving, it took a right turn recklessly and Sri.Shanmugha Raja was thrown out of the cabin. While he was lying on the road, the lorry ran over him and he sustained severe fatal injuries. Though he was rushed to the hospital, he succumbed to the injuries on the same day. Respondents 1 to 5 are the wife, children and parents of the deceased. They approached the Tribunal claiming compensation of Rs.8.00 lakh. The Tribunal, on finding that the deceased was an employee of the insured, as a loading and unloading worker, and also on finding that as per Ext.B1 policy, the insured had paid premium of Rs.50.00 for two employees, awarded compensation of Rs.3,59,500.00. The insurer is challenging that finding as well as the award, contending that the deceased was only a gratuitous passenger in a goods vehicle and so, the Insurance Company was not liable to indemnify the insured, as the policy will not cover a gratuitous passenger in a goods vehicle.

(3.) Before the Tribunal, no oral evidence was adduced from either side. Exts.A1 to A4 were marked from the side of the claimants and Ext.B1 policy copy was marked from the side of the insurer.