UNITED INDIA INSURANCE CO LTD Vs. ANNAMALAI

JUDGEMENT

(1.) This appeal has been preferred by the United India Insurance Company Limited, Chennai, challenging the award dated 30.11.2004 passed by the Motor Accidents Claims Tribunal (Principal District Judge), Perambalur, in M.C.O.P.No.558 of 2003.

(2.) It is the case of the 1st respondent/claimant before the Tribunal that on 16.04.2002, while he was travelling as fare-paying passenger along with his rice bags in a lorry bearing registration No.TN-57-E-7369 from Perambalur to Chennai, the driver drove the lorry in a rash and negligent manner and dashed against a car bearing registration No.PY-01-N-9375, which was coming from the opposite direction. As a result of which, the 1st respondent sustained multiple grievous injuries and hence, he made a claim petition for a consolidated sum of Rs.2 lakhs as against the owners and insurers of both vehicles.

(3.) The appellant insurance company contested the claim petition by taking a defence that the lorry was insured as goods vehicle and hence, the passengers are not permitted to travel in the vehicle and at the time of accident, more than one person had travelled as unauthorised passengers. Since there was a gross violation of the policy condition, they are not liable to pay any compensation. Further, the claimant had travelled in the lorry as gratuitous passenger, he is not entitled to claim compensation from them.