ORIENTAL INSURANCE CO. LTD Vs. SANTHY

JUDGEMENT

(1.) In its enthusiasm to award compensation to a victim who had died on account of the use of motor vehicle, the Tribunal below has twisted out of context the meaning of the word "third party" vis-a-vis an Insurance Policy. The facts in brief are as follows.

(2.) The petitioners before the Motor Accident Claims Tribunal, Principal District Court, Vellore in M.C.O.P.No.423 of 2009 had filed the above claim petition against one Perumal and the appellant herein seeking compensation of a sum of Rs.15,00,000.00 for the death of one Ramesh in a road accident that had taken place on 29/7/2000.

(3.) The occurrence itself makes interesting reading. It is stated that the deceased Ramesh and one Baskar of Sethumadurai Village had taken a load of sand to one Balaraman at Sainathapuram, in a tipper lorry bearing registration No.TN 23 AC 3651. The said Baskar had given instructions to the driver of the lorry to unload the sand. The driver inturn had reversed the lorry rashly and negligently and with great speed, as a result of which the lorry hit one Pashan's compound wall. As a result of the impact, the lorry had fallen upon Ramesh who was standing there. The injuries sustained by him were fatal in nature resulting in his instantaneous death.