ORIENTAL INSURANCE COMPANY LIMITED GOBICHETTIPALAYAM Vs. KANNAMMAL

JUDGEMENT

(1.) These Civil Miscellaneous Appeals are filed by the Oriental Insurance Company against the award and Decree dated 19.12.2002 made in OP.Nos.17, 14, 15 and 18 of 2002 respectively by the learned Additional District Judge, FTC-I (MACT) Erode, thereby awarding a compensation of Rs.10,000/- each to the claimants in MCOP.Nos.14, 15 and 17/2002 and Rs.28,450/- to the claimant in MCOP.No.18/2002 with interest at 9 per cent p.a. and holding the Appellant Insurance Company herein liable to pay the compensation.

(2.) The accident had occurred on 8.6.1997 at about 4.30 p.m. at Kangeyam-Erode Main Road near Vellagoundenvalasu. According to the claimants, all of them are agricultural coolies and they were travelling in the Van bearing Reg.No.TN-33-C-4870 and they sustained injuries, when the van was driven by its driver at a very high speed in a rash and negligent manner and while initiating a curve, the van suddenly capsized.

(3.) The claim was contested by the Appellant Insurance Company on the ground that the 3rd Respondent herein, who is the owner of the vehicle, hired out the vehicle for Rs.350/- for each claimants travelled in the van from Kallipalayam to Thoppupalayam to attend a marriage and it is further contended by the Insurance Company that there was more than 15 persons in the vehicle, which met with the accident. Since the vehicle was carrying passengers in the goods carrying vehicle, it is a clear violation of the policy conditions and therefore, sought to avoid the liability of the Insurance Company.