BRANCH MANAGER Vs. RADHIKA

JUDGEMENT

(1.) This appeal has been filed by the Insurance Company challenging the Award dated 21.04.2015 passed by the Motor Accident Claims Tribunal (Principal District Judge), Dharmapuri in MCOP.No.762 of 2012.

(2.) The Appellant Insurance Company has challenged the Award questioning its liability to pay the compensation as according to them, the deceased was a gratuitous passenger who was neither required to be covered under Section 147 of the Motor Vehicles Act nor covered by the policy of insurance.

(3.) In this appeal, the Appellant Insurance Company has not questioned the quantum of compensation awarded by the Tribunal but has only questioned its liability. Hence the only issue that needs to be adjudicated by this Court is whether the deceased was a gratuitous passenger or not and whether the Tribunal was right in directing the Appellant Insurance Company to pay the compensation to the dependants of the deceased who are the claimants in MCOP.No.762 of 2012.