RAMAIYAN Vs. CHINNIAH

JUDGEMENT

(1.) THE appellants are dependants of a deceased in a road accident.

(2.) ON 08.12.2007, at about 6 a.m. in Pattukkottai, one Ayyappan came driven 3rd respondent's bike, which has been insured with the National Insurance Company/4th respondent. Then one Saminathan travelled in the bike as a pillion-rider. At about that time, a van, belonging to the first respondent, which has been insured with the second respondent came driven in a rash and negligent manner. The van dashed against the bike. In this accident, Ayyappan was wounded and Saminathan died. In M.C.O.P.No.98 of 2008, Ayyappan was granted compensation and in M.C.O.P.No.86 of 2008, the dependants of deceased Saminathan were granted Rs.1,45,000/-. The Tribunal noting that then the Van driver was having only LMV driving licence and was not having endorsement to drive a goods vehicle, like the van found breach of terms and conditions of the policy and thus, the insurer of the Van, namely, the Reliance Insurance Company/2nd respondent was exempted from paying the compensation amount. Since, there was no fault on the bike - rider, no award was passed as against 3rd and 4th respondents.

(3.) THE learned counsel for the appellants also submitted that in C.M.A.(MD) No.1048 of 2010, Ayyappan questioned the decision of the Tribunal exempting the Reliance Insurance Company from paying the amount, the appeal was allowed with a direction to the insurance company to pay him the compensation amount and recover it from the Van owner. As against that there is no appeal to the Apex Court. That decision has become final.