RAMESH Vs. DHAKSHNAMOORTHY

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the claimant against the Judgement and Decree dated 4.2.2004 made in MCOP.No.850/2002 by the learned Additional District Judge (MACT) Tirupattur.

(2.) A motor accident occurred on 28.5.1996 at 11.00 p.m. on the Tirupattur-Dharmapuri Main Road near Su.Pallilpattu Railway Gate in which the claimant sustained injuries and the claimant was travelling as a coolie for loading and unloading the goods in the mini lorry bearing Reg.No.TN-23-Y-4849 belonging to the 1st Respondent, which was driven by its driver in a rash and negligent manner towards Tirupattur hit against the tamarind tree. Due to the said impact, the claimant and others who travelled in the mini lorry sustained grievous multiple injuries and one of them received fatal injuries.

(3.) The insurer, the 2nd Respondent herein had filed a counter denying the allegations of negligence raised against the driver and stated that while the lorry was returning empty from Dharmapuri, more than twenty persons including the claimant had stopped the lorry in the mid way and got into it to go to Tirupattur. It denied the liability contending that even though the vehicle was insured by the 1st Respondent, it has no liability to indemnify the risk of the claimant, since he was a gratuitous passenger travelling in the offending goods vehicle.