UNITED INDIA INSURANCE COMPANY LIMITED Vs. K.GUNASEKARAN

JUDGEMENT

(1.) The appeal on hand is filed against the judgment and decree dated 23.01.2015 passed in M.C.O.P.No.4346 of 2012 on the file of the Motor Accidents Claims Tribunal, II Court of Small Causes, Chennai.

(2.) The accident occurred on 24.02.2012 at about 9.30 hours at Santhavellore, Opposite to Karthik Hotel in C-2, Sunguvar Chathiram Police Station. The case was registered in Crime No.123 of 2012 and the victim sustained fatal injuries and died on the spot. The deceased was aged about 19 years and he was working as a Cleaner in the Crane and under those circumstances, the Claim Petition was filed, seeking a total compensation of a sum of Rs.15,00,000/-.

(3.) The learned counsel appearing on behalf of the appellant mainly raised the ground that the appellant/Insurance company raised the point of liability as there is no Policy coverage for the Cleaner working in a Crane. As per the Policy, the Driver alone is covered and there is no Insurance coverage for the Cleaner of the vehicle and therefore, the Tribunal has committed an error in holding that the Cleaner of the Crane vehicles is also covered under the policy issued by the appellant / The United India Insurance Company Limited. The Crane vehicle is having the seating capacity of one person and the premium of a sum of Rs.25/- for one employee could be construed as coverage and more specifically, driver alone. Thus, the driver of the Crane alone is covered under the Insurance Policy and the Cleaner is not covered under the Insurance Policy. Thus, the Tribunal has committed an error in granting compensation in favour of the Cleaner in the absence of the Policy coverage.