NEW INDIA ASSURANCE CO. LTD. Vs. S. KRISHNAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the award, dtd. 21/3/2011, made in M.C.O.P.No.1217 of 2006, on the file of the Motor Accidents Claims Tribunal - I Additional Sub Court, Trichy. The appellant herein is the second respondent and the respondents 1 to 4 herein are the claimants and the fifth 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.1217 of 2006, is as follows: On 5/2/2006, at about 4.00 pm, the deceased was travelling in a minidoor Auto bearing Registration No.TN-46-C-7985, along with the goods, at that time, the driver of the vehicle drove the vehicle in a rash and negligent manner, due to the said impact, the vehicle capsized down in a pit. The deceased succumbed to the injuries. The deceased was earning Rs.6,000.00 per month and the claimants claimed Rs.6,00,000.00 as compensation.

(3.) Brief substance of the counter filed by the second respondent in M.C.O.P.No.1217 of 2006, is as follows: The vehicle belonged to the first respondent. The vehicle was insured with the second respondent. The vehicle is a commercial vehicle. Nobody is permitted to travel in a commercial vehicle. The deceased did not travel in the cabin. He travelled along with the goods. Hence, the first respondent alone is liable to pay compensation and prayed the petition to be dismissed.