VARADAMMAL Vs. S.RAVI

JUDGEMENT

(1.) On 07.05.1998, at about 6.15 p.m., when the deceased Kumar was driving a Car bearing Registration No.CAO -1158, on the East Coast Road, the lorry bearing Registration No.TN -22 -8421, driven at a high speed and in a rash and negligent manner, dashed against the Car. As a result, the deceased sustained injuries and succumbed to it. Hence, the claim has been levelled against the owner and insurer of the lorry.

(2.) The United India Insurance Company Limited had filed a counter statement and resisted the claim petition. The respondent stated that the said lorry bearing Registration No.TN -22 -8421 had not been covered under valid vehicular documents to be operated on the public road and as such the Insurance Company is not liable to pay any compensation. The driver of the lorry did not possess valid driving licence. The Car, which had been involved in the accident had also not been covered under valid documents and the deceased was also not been covered under valid documents and the deceased was also not holding a valid licence. The accident had been caused due to the negligence of deceased and as such the owner and insurer of the Car are necessary parties. The averments in the claim regarding age, income and occupation of the deceased was also not admitted. Further, the lorry was used for transporting contraband goods namely 'notified spirit' of about 7 barrels, which is against the terms and conditions of permit issued by State Transport Authorities. As such, there is a breach of policy conditions of Insurance and hence Insurance Company is not liable to pay compensation.

(3.) On verifying the averments of both the parties, the Tribunal had framed 5 issues namely (1) Whether the accident had been caused due to the rash and negligent driving by the driver of lorry bearing Registration No.TN -22 -8421? (2) Whether the claim petition is bad for non -joinder of necessary parties? (3) Whether the lorry bearing Registration No.TN -22 -8421 had been insured with the 2nd respondent? (4) Whether the claimant is entitled to get compensation? If so, what is the quantum of compensation? and (5) To what other relief is the claimant entitled to?