LAWS(MAD)-2010-1-710

MUTHAMMAL Vs. KALAISELVI

Decided On January 05, 2010
MUTHAMMAL Appellant
V/S
KALAISELVI Respondents

JUDGEMENT

(1.) The claimants have filed this appeal, challenging the award, in so far as it exonerates the Insurance Company from its liability to compensate the claimants on the death of a pillion rider.

(2.) It is a case of fatal accident, which occurred on 13.05.2006. The deceased Perumal, was travelling as a pillion rider and died in the accident. The wife and other dependants have filed the claim petition, claiming a sum of Rs.8 lakhs as compensation and the Tribunal awarded a sum of Rs.2,62,000/- as compensation with interest at 7.5%.

(3.) The respondent/Insurance company contested the claim stating that they are not liable to pay the compensation as per the policy, stating that the deceased was a pillion rider and the policy is an Act only policy. The Tribunal accepted the plea and exonerated the Insurance Company. The Tribunal fixed the liability on the owner of the Vehicle. Aggrieved by the same, the claimants have filed this appeal.