BRANCH MANAGER, NEW INDIA ASSURANCE COMPANY LIMITED Vs. MANIVEL; MINOR DHANALAKSHMI; SARASWATHI; C KARUPPUSAMI

JUDGEMENT

(1.) On 02.07.2004, at about 07.00 a.m., the 1st claimant's husband was travelling as a cleaner in a Mini Van bearing registration No.TN-33C-3499, driven by one Mohanraj. The said van was loaded with fruits and the owner of the fruits was also travelling in the said van. While, the van was proceeding on the Tarapuram Koduvai Road, the tyre of the van burst suddenly and hence the vehicle capsized. As a result, the cleaner of the van sustained injuries and succumbed to it. Hence, the 1st claimant, her daughter and her mother-in-law have filed a claim petition in M.C.O.P.No.158 of 2004 and claimed compensation of a sum of Rs.4,28,000/- with interest against the Insurance Company and another.

(2.) The Insurance Company had filed counter statement and resisted the claim petition. This respondent denied the averments in the claim regarding age, income and occupation of the deceased. It was submitted that the claim was excessive. It was submitted that the 1st respondent's vehicle driver did not have a valid driving licence and the vehicle was not covered under a valid policy of insurance at the time of accident. The averments in the claim regarding manner of accident and the alleged negligence on the part of the driver was also denied. The claimants had not furnished the driving licence, vehicle permit and copy of the Insurance policy. The respondent further stated that the claim amount is an excessive one.

(3.) On considering the averments of both the parties, the Tribunal had framed two issues namely: