NEW INDIA ASSURANCE COMPANY LIMITED Vs. TAMILSELVI; SAKTHIRAJ; MINOR SENRAJ S/O PERUMAL; THAYAMMAL; MARIYATHANGAPUSHPAM AND ORS

JUDGEMENT

(1.) The appellant / second respondent has preferred the present appeal against the judgment and decree passed in M.C.O.P.No.2 of 2007, on the file of the Motor Accidents Claims Tribunal, Sub Court, Kovilpati.

(2.) The short facts of the case are as follows:-

(3.) The second respondent, in his counter has submitted that the accident had occurred only due to overloading of passengers in the first respondent's van and that the van had capsized on this count. It was submitted that as the first respondent had breached the conditions laid down in the policy of insurance, the second respondent cannot be held liable to pay any compensation and the compensation should be paid only by the first respondent.