MANAGER NATIONAL INSURANCE COMPANY LIMITED Vs. P.SEKAR

JUDGEMENT

(1.) Heard the learned counsel for the appellant. No representation for the respondents, though notice was served on them.

(2.) This appeal is filed by the Insurance Company aggrieved by the liability fixed on the Insurance Company in case where there is violation of policy condition.

(3.) The facts of the case is that on 04.01.2010, when the claimant Sekar along with others travelling in a Trailor bearing Registration No. TAM 8673 loaded with stones and attached to the Tractor bearing Registration No.TN 27-Y-2655. The Tractor and Trailor insured under the appellant Insurance Company. Due to rash and negligent driving of the driver while returning from the hill situated at Kavulpalayam, the Trailor got detached from the Tractor and the Trailor capsized. One of the occupant Srinivasan died. The claimant sustained multiple grievous injuries all over the body. The claimant, after treatment survived and filed a claim petition seeking a compensation of Rs.7,00,000/- alleging that he was earning a sum of Rs.10,000/- per month as a Loadman and Stone Crusher.