A SAMPATH Vs. PACHAIPPAN

JUDGEMENT

(1.) Aggrieved by the award of Motor Accidents Claims Tribunal, Tiruvannamalai in M.A.C.T.O.P. No. 703 of 1994, the owner of the vehicle in question has filed the above appeal. In respect of death of one Annadurai in a road accident that took place on 9.6.1994, the mother and the wife of the deceased prayed for a compensation of Rs. 2,00,000. The court below, after holding that the accident was caused due to negligence of the driver of the tractor in question, passed an award for Rs. 2,00,000 with interest at 9 per cent per annum from the date of petition. Questioning the said award, exonerating the insurance company from its liability, the owner of the tractor has filed the above appeal.

(2.) Heard the learned counsel for the appellant as well as respondents.

(3.) Learned counsel appearing for the appellant, after taking me through the order of the Tribunal, R.C. book and insurance policy, namely, Exhs. A-4 and A-5, would contend that in view of valid insurance policy covering both the tractor and trailer and third parties, the insurance company is liable to indemnify the loss; accordingly the Tribunal ought to have passed an award against the insurance company also. In any event, according to her, the amount determined by the Tribunal is highly excessive. On the other hand, the learned counsel appearing for the respondent No. 3 insurance company would contend that the deceased being a passenger travelling in a trailer, in the absence of additional premium, the Tribunal is justified in exonerating the insurance company from its liability. He also contended that in the light of Exhs. B-1 to B-3 and the oral evidence of their officer as RW 1, the insurance company need not pay any compensation. Learned counsel appearing for the claimants-respondent Nos. 1 and 2 herein, would state that they are entitled to compensation both from the owner and the insurer and the amount fixed by the Tribunal is quite reasonable.