DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD. Vs. PAULRAJ

JUDGEMENT

(1.) CIVIL Miscellaneous Appeals filed against the fair and decretal Order dated 21.6.2011 in M.C.O.P. Nos.111, 112, 113 & 114 of 2010 on the file of Motor Accidents Claims Tribunal (Additional District Judge/Special Court for Essential Commodities Act), Thanjavur.

(2.) THE liability of the Insurance Company is denied on the ground that the deceased and the injured, who were claimed to be the loading and unloading Collies in a Goods vehicle and, who travelled on the body of the Lorry, which was carrying the jalli (small stones) were not covered under the Policy and hence, there was a violation of Policy condition.

(3.) THE dependants of the deceased and the injured filed a Claim petition before the Motor Accidents Claims Tribunal, Thanjavur, the Appellant -Insurance Company resisted the claim on the ground that as there is clear violation of Policy condition and there is prohibition of persons travelling on the top of the goods carriage, the Insurance Company has to be exonerated.