BALAJ ALLIANZ GENERAL INSURANCE CO. LTD. Vs. LAKSHMI

JUDGEMENT

(1.) The appeal filed by the Insurance Company being aggrieved by the award of the Tribunal, fixing the liability on the Insurance Company to pay the claimants a sum of Rs.2,80,000/- as compensation.

(2.) The facts of the case is that the claimants are the legal representatives and dependants of the deceased Marappan. On 14.06.2009 Marappan while riding TVS XL Super bearing Reg.No.TN-28-AZ-0579 along with his relative by name Saroja on pillion, was hit by a tractor bearing Reg.No.TN-28-AZ-6435 near Siva Kumar Thottam, Pudupatty to Vellakal Mariamman Kovil Road. The injured Marappan died on the spot due to extensive injury sustained in the accident. The pillion rider sustained minor injuries. Criminal case was registered against the driver of the tractor for his rash and negligent driving. Claiming compensation of Rs.6,00,000/- a claim petition was filed by his wife, daughter and grand children before the Motor Accident Claims Tribunal, Salem.

(3.) The claim petition was contested by the Insurance Company on the ground that the accident occurred, when the two wheeler rider dashed the tractor towing a trailer load with sand. The tractor involved in the accident alone was insured under the respondent Insurance Company. The driver of the tractor had no valid driving licence. The trailer attached to tractor was neither regitered nor insured. Therefore, in view of policy condition violation and Motor Vehicles Act contravention, the Insurance Company is not responsible to pay compensation. The deceased had no income of his own. He was about 70 years old and depending on others. Therefore, the quantum of compensation claimed is exorbitant.