NATIONAL INSURANCE CO LTD Vs. UNNAMALAI

JUDGEMENT

(1.) The appellant / second respondent has preferred the present appeal against the judgment and decree dated 11.10.2007, made in M.C.O.P. No. 511 of 2005, on the file of the Motor Accident Claims Tribunal, Additional District Court, Dharmapuri. The short facts of the case are as follows:-

(2.) The second respondent/Insurance Company had filed a counter statement and resisted the claim petition. The second respondent dented the manner of accident, age, occupation, income and nature of injuries and mode of treatment of the claimants. It was submitted that the petitioner herein and other claimants and some others totalling about 50 persons had travelled in the mini lorry as unauthorized passengers. It was submitted that the owner of the vehicle had paid premium only for six employees including the driver and cleaner.

(3.) In the said accident, four other claim petitions have been filed by the injured claimants claiming compensation from the same respondents for the injuries sustained by them. As such, the Tribunal conducted a joint trial and passed a common order.