NATIONAL INSURANCE CO. LTD. Vs. KANNAMMAL

JUDGEMENT

(1.) This Appeal is filed by the Insurance Company aggrieved by the award passed by the Tribunal and liability fixed upon the Insurance Company to pay compensation to the claimants.

(2.) The facts of the case is that, on 16.04.2008 when a mini lorry van bearing registration No.TN-31-M-4534 carrying marriage Sridhana articles with five persons capsized near Oxford School at Sankarapuram-Kallakurichi Main Road, Thiru.Karthi aged about 20 years who was one among the persons travelling along with the goods, died. His mother Kannammal filed claim petition seeking a sum of Rs.15,00,000/- compensation for his death. The Insurance Company, under which the vehicle was insured at relevant point of time filed counter denying their liability to pay quoting policy violation though the vehicle was insured under them.

(3.) The Insurance company has filed filed counter stating that the deceased travelled as an unauthorized passenger along with five members in the offending vehicle. As per the policy conditions, the owner of the vehicle cannot allow any passengers in the goods vehicle. Being an Act only policy, when there is violation of policy condition and Motor Vehicle's Act, the insurer is not liability to indemnify the vehicle owner.