BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LIMITED Vs. KALIYAMMAL

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed against the award, made in M.C.O.P.No.186 of 2012, dtd. 7/7/2020, on the file of Motor Accident Claims Tribunal cum III Additional Sub Judge, Tiruchirappalli. The appellant herein is the second respondent, the first respondent herein is the claimant and the second respondent herein is the first respondent in the original M.C.O.P. Petition.

(2.) Brief substance of the claim petition, in M.C.O.P.No.186 of 2012, is as follows: On 30/10/2010, at about 9.00 pm., when the petitioner was travelling in a load 407 vehicle bearing Registration No.TN-41-C-5401, as a load woman, the driver of the vehicle drove the vehicle in a rash and negligent manner and the vehicle capsized. The petitioner sustained injuries. She was taken to Karur G.C. Hospital and she took treatment as inpatient till 10/11/2010. The petitioner was earning Rs.6,000.00 as a load woman and she sustained disability and she claimed a sum of Rs.3,00,000.00 as compensation.

(3.) Brief substance of the counter filed by the second respondent, in M.C.O.P.No.186 of 2012, is as follows: It is wrong to state that the claimant is a load woman. The manner of accident is wrongly mentioned in the petition. The vehicle is a goods carrier. At the time of accident, including the claimant 32 persons travelled as unauthorized passengers. The second respondent is not liable to pay compensation to an unauthorized passenger in a goods vehicle. The vehicle was insured by a firm, namely, 'Sri Srinivasa Pillows' and the firm is a necessary party to the case. The first respondent was not having valid driving licence. The claim is excessive.