LAWS(MAD)-2011-11-152

UNITED INDIA INSURANCE COMPANY LTD Vs. M THANGAVEL

Decided On November 04, 2011
UNITED INDIA INSURANCE COMPANY LTD. Appellant
V/S
M.THANGAVEL Respondents

JUDGEMENT

(1.) The United India Insurance Company Limited has come up with the present appeal, feeling aggrieved by the award dated 12.09.2008 passed by the Motor Accidents Claims Tribunal (Subordinate Judge), Ponneri, in M.C.O.P.No.24 of 2006, whereby the Tribunal has directed the insurance company to pay compensation to the victim, indemnifying the owner of the vehicle in question.

(2.) The case, in brief, is as follows:

(3.) The case of the claimant was resisted by the insurance company, which contended that the victim was an unauthorised passenger in the goods vehicle. Moreover, the driver of the lorry did not have a valid licence and hence, there is a statutory violation on the part of the owner of the vehicle since he had allowed the 1st respondent to travel in the goods vehicle as an unauthorised passenger. Therefore, the insurance company is not liable to pay compensation.