NATIONAL INSURANCE COMPANY LTD Vs. L VENKATESH

JUDGEMENT

(1.) THE Insurance Company is on appeal challenging the liability fixed on the appellant herein for the injury suffered by the claimant. It is seen from the award a sum of Rs.70,100/- was granted to the claimant by way of compensation for the injury suffered. THE admitted case of the claimant is that on the date of the accident, i.e., on 31.3.2002, the claimant was traveling towards Bangalore in the mini lorry, which was insured with the appellant herein. At that time, the lorry belonging to the second respondent came in a rash and negligent manner, to avoid any collision, the mini lorry turned to the right side and in that process, it fell into a pit, consequently, the claimant suffered injuries. THEreafter, he was admitted in the Salem Government Hospital and later he took his treatment in Pudukottai Government Hospital as an in patient. Hence, the driver of the mini lorry alone is responsible for the accident.

(2.) THE appellant herein resisted the claim of the claimant as regards its liability. On behalf of the appellant, it was stated that the claimant was a gratuitous passenger, consequently, the policy terms being violated, hence, the appellant could not be mulcted with the liability.

(3.) CONSIDERING the order passed exonerating the insurance company from the liability, the award on other aspects stands confirmed. It is stated by the learned counsel appearing for the appellant that the claimant had already withdrawn a sum of Rs.25,000/- deposited by the Insurance Company. Having regard to the same, it is open to the Insurance Company to proceed against the second respondent to recover the amount realized by the claimant. As regards the balance amount with interest payable, it is open to the claimant to proceed against the second respondent.