M/S. NATIONAL INSURANCE COMPANY LIMITED Vs. GEETHA

JUDGEMENT

(1.) These Civil Miscellaneous Appeals are filed by the National Insurance Company Limited, Hyderabad, against the award and Decree dated 12.02.2004 made in MCOP.Nos.435/2001 and 9/2002 by the learned Sub Judge (MACT) Krishnagiri.

(2.) The short facts which are necessary for the disposal of these appeals, are as follows:-

(3.) Admittedly, the lorry was insured with the Appellant Insurance Company. The Appellant resisted the claims of the claimants on the ground that the deceased persons were not the owners of the goods or the representatives of the owner of the goods and they have travelled as gratuitous passengers. As they were travelling as unauthorised passengers in the goods vehicle, the Insurance Company is not liable to pay compensation. It is contended by Mr.S.Arunkumar, the learned counsel for the Appellant Insurance Company that the Tribunal's appreciation of evidence is contrary to law laid down in various decisions of the Honourable Supreme Court as well as this court. The learned counsel would point out that even in the counter, they have denied that the deceased persons were travelling as the owners of the goods being transported in the lorry.