KOMERAVEL GOUNDER Vs. BAJAJ ALLIANZ GENERAL INSURANCE COMPANY

JUDGEMENT

(1.) Civil Miscellaneous Appeal No.1102 of 2007 arises out of the award in M.C.O.P.No.278 of 2003 (31.1.2006) declining to grant compensation for the death of Senthilkumar and awarding only Rs.50,000/- under "No Fault Liability". Being aggrieved by awarding of Rs.50,000/- towards "No Fault Liability", Insurance Company has preferred Civil Miscellaneous Appeal No.1263 of 2007. Both the appeals were heard together and shall stand disposed of by this common judgment.

(2.) Brief facts are that on 15.09.2002 at 9.30 A.M., deceased Senthilkumar was driving Maruthi car bearing registration No.TN 29-L 1919 from north to south and while nearing Ayakovil Pirivu road, ASTC Depot to Namakkal National Highways Road, Rasipuram, a dog suddenly crossed the road from east to west. In order to avoid to dash the dog, Senthilkumar swerved the car on the right side of the road and lost the control of the car and dashed against the tamarind tree. Due to the impact, the car was damaged and Senthilkumar sustained grievous injuries. Immediately after the accident, Senthilkumar was taken to Suriya Hospital, Rasipuram where from he was taken to United Apollo Hospital, Coimbatore and succumbed to the injuries on 17.09.2002. Inspector of Police, Rasipuram Police Station registered the case in Crime No.833 of 2002 under Section 279, 337 and 304(A) I.P.C. At the time of accident, Senthilkumar was doing business of supply of water under the name and style M/s.Raghavendra Water Suppliers in Hosur Town and was earning Rs.50,000/- per month. Stating that the family lost the support due to the accident and that the Maruthi car was insured with the Respondent-Insurance Company, Claimants have filed Claim Petition claiming compensation of Rs.20,00,000/-.

(3.) Respondent-Insurance Company filed the counter stating that policy only covers third party risk and any damage caused to the vehicle and that Insurance Company is not liable to pay compensation for the death of the insured. It is further averred that as per the contract, liability of Insurance Company is only with regard to third party and therefore, the Insurance Company is not liable to pay compensation to the Claimants.