NATIONAL INSURANCE COMPANY LIMITED Vs. RANGAMMAL

JUDGEMENT

(1.) This Appeal is filed by the Insurance Company challenging the award of the Tribunal fixing the responsibility on the Insurance Company to pay compensation to the accident victim and recover the same from the vehicle owner for the violating policy condition.

(2.) According to the appellant, the violation of policy condition so grave for which the Insurance Company is not liable to indemnify the vehicle owner or the pay compensation and recover it later from the vehicle owner.

(3.) The background facts of the case is that, one Kandan @ Kandasamy aged about 72 years while travelling in a pick up van bearing registration No.TN-40-F-0830 on Karamadi to Velliyankadu main road near Maruthurmariyamman Koil, the driver of the Bolero pick up van drew the vehicle in high speed rash and negligently. Due to which, the said Kandan @ Kandasamy fell down from the vehicle and sustained head injury and injuries all over the body. He died on the spot. The accident occurred when the deceased travelling in the goods vehicle along with fertilizer bags for his agricultural purpose. At the time of accident, he was hale and healthy, earning a sum of Rs.1,00,000/- per annum, from his agricultural activities and milk vendor business. His wife, son and daughters, joined together and filed claim petition for a sum of Rs.5,00,000/- .