NEW INDIA ASSURANCE COMPANY LIMITED CHENNAI Vs. PALANIMALAI

JUDGEMENT

(1.) The above appeal has been filed by the Appellant / New India Assurance Company Limited against the decree and judgment dated 12.06.2006, made in M.C.O.P. No. 4144 of 2001 on the file of Motor Accident Claims Tribunal, Vth Court of Small Causes, Madras.

(2.) The short facts of the case are as follows:

(3.) The second Respondent, in his counter has resisted the claim stating that the Petitioner who had alleged that he had travelled in the said mini lorry is not expected to travel in the mini lorry, which is not a passenger vehicle and hence he is only a gratuitous passenger. Hence, the second Respondent is not liable to pay compensation to the Petitioner. The second Respondent had also denied all the other averments in the claim and has stated that the Petitioner has to prove it through documentary evidence. It has also been stated that the Insurance Policy for the mini lorry stands in the name of Shivakumar and he has not been added as a necessary party, it renders the claim not maintainable.