NEW INDIA ASSURANCE CO. LTD. Vs. CHINNAPILLAI

JUDGEMENT

(1.) (Heard through Physical hearing)

(2.) The appellant/Insurance Company contested the case by filing counter affidavit wherein it is stated that the deceased Kandan travelled in ''Mudguard'''of the Tractor. The tractor is a goods vehicle. The carrying capacity of Tractor is single seater, i.e. driver only. The deceased travelled in the Tractor as unauthorised passenger. Two persons were travelled in the Tractor apart from driver. The first respondent violated the policy conditions. The claimants have to work out their remedy before W.C. Forum. Therefore, Insurer is not liable to pay any compensation.

(3.) On the side of the claimants, P.W.1 and 2 were examined and Ex.P1 to P5 were marked. The Branch Manager of the appellant Insurance Company was examined as R.W.1 and Ex.R1 and 2 were marked on the side of the appellant Insurance Company.