R.NAGARANI Vs. MUTHUKRISHNAN

JUDGEMENT

(1.) These two appeals have been preferred by the claimants challenging the common award of the Tribunal in M.C.O.P.Nos.242 of 2009 and 640 of 2009 on the file of the Motor Accident Claims Tribunal, Madurai wherein the Tribunal had dismissed the claim petitions as against the Insurance Company.

(2.) The claimants in both the claim petitions are the legal heirs of one Ramasamy and one Ramakrishnan who had travelled on the back side of a goods vehicle for the purpose of loading and un-loading purposes. According to the claimants, the deceased persons were Carpenters by profession and they had travelled on the back side of the vehicle along with finished wooden items and kadappa stones as per the direction of the owner of the goods vehicle who had hired the vehicle at the relevant time of accident. According to the claimants, the vehicle was driven from Thiruparankundram to Tenkasi. While the vehicle was nearing Puliankudi, the driver of the first respondent, had driven the said vehicle in a rash and negligent manner and he had lost the control of the vehicle. Suddenly, he applied brake and therefore, the kadappa stones which were carried in the vehicle, hit the deceased on his forehead and thereby, caused deep cut injury. The deceased was taken to the nearby Hospital where he was declared dead. The deceased being a Carpenter by profession was earning a sum of Rs.9,000.00 and a claim was made for a sum of Rs.10.00 lakhs in each one of the claim petition.

(3.) The owner of the vehicle had remained exparte and the Insurance Company had filed a counter in both the claim petitions contending that the deceased persons were not travelling as load man in the said vehicle. They were travelling only as un-authorized passengers/gratuitous passengers in the goods vehicle and therefore, the Company is not liable to pay any compensation for the death of the said persons. The Insurance Company also disputed the quantum of compensation as prayed for in the claim petitions.