LAWS(MAD)-1992-3-46

BAKTHAVATSALAM Vs. S RAJALAKSHMI

Decided On March 05, 1992
BAKTHAVATSALAM Appellant
V/S
S. RAJALAKSHMI Respondents

JUDGEMENT

(1.) THIS appeal by the owner of the motor vehicle (lorry) involved in the motor accident that took place on 18.5.1981, is against the Award dated 20.12.1984 passed by the Tribunal below in M.O.P. No. 502 of 1981, in favour of the 1st respondent-claimant for a sum of Rs. 20,700/- as compensation for the death of her son aged 24 in the said accident, as against her claim for Rs. 2,00,000/- as compensation. The said claimant has also filed a cross objection for enhancement of the said compensation awarded.

(2.) THE Tribunal below made only the said owner liable and not the insurance company-2nd respondent, on the ground that the victim was only an unauthorised passenger in the abovesaid lorry and that the insurance cover did not extend to any such risk. Aggrieved by the said decision, the owner appellant has preferred this appeal.

(3.) THE net result is, the appeal and the cross objections are dismissed, without costs, C.M.P. No. 6693 of 1987 is also dismissed without costs.