CHAIRMAN IFET COLLEGE OF ENGINEERING GENGARAMPALAYAM Vs. ARUMUGAM

JUDGEMENT

(1.) This Appeal is preferred by the owner of the vehicle aggrieved by the Tribunal fastened with liability to pay the accident victim, in spite of his bus insured under the 5th respondent/Insurance Company.

(2.) The Appeal arises under the following circumstances:- On 14.11.2011, at about 18.15 hours, when one Smt.Chandiravadani, aged about 48 years walking alone Pondicherry Villianur Main road, from North-South, the bus bearing registration No.TN-32-2579 owned by the appellant, dashed against Smt.Chandiravadani and caused her death. Claim petition for a sum of Rs.10,00,000/- was filed against the appellant the vehicle owner and the insurer.

(3.) Both the respondents filed counter. While the Insurance Company contended that there is a permit violation by the vehicle owner. The bus which is suppose to ply within the District of Villupuram in Tamil Nadu State, had entered Union Territory of Pondicherry and has caused the accident. Therefore, the Insurance company is not liable to indemnify the insured, who has violated the permit condition.