ORIENTAL INSURANCE COMPANY LIMITED Vs. IRULAYEE

JUDGEMENT

(1.) THE appellant/2nd respondent has preferred the present appeal in CMA(MD).No.350 of 2012, against the judgment and decree made in M.C.O.P.No.605 of 2007, on the file of Motor Accident Claims Tribunal cum Additional District and Sessions Court, Fast Track Court No.I, Madurai

(2.) THE short facts of the case are as follows:- The petitioners, who are the wife, son and daughter, of the (deceased) Subramani, have filed a claim in M.C.O.P.No.605 of 2007, claiming a compensation of Rs.10,00,000.00 from the respondents, for the death of the said Subramani in a motor vehicle accident. It was submitted that on 20.12.2005, at 08.00 a.m., when the deceased Subramani was travelling as a passenger in the 1st respondents mini van bearing registration No.TN-67M-3753 from Parthipanur towards Paramakudi and when the van was nearing Nallichanallur bus stop, the driver of the van drove the van at a high speed and in a rash and negligent manner and dashed the van against a vehicle parked at the corner of the road.

(3.) THE 2nd respondent, in his counter has submitted that the deceased Subramani was a gratuitous passenger as the van was a goods carrier and as such as the conditions laid in the policy of insurance has been breached, the 2nd respondent cannot be held liable to pay compensation. The averments in the claim regarding age, income and occupation of the deceased Subramani was also not admitted. It was submitted that the claim was excessive.