SRI VIDYA Vs. LEAL ENTERPRISE

JUDGEMENT

(1.) These Civil Miscellaneous Appeals are filed against the against the judgment and decree, dtd. 18/12/2018, made in M.C.O.P.No.325 of 2014, on the file of the Motor Accident Claims Tribunal, Kulithalai, Karur.

(2.) Rajarathinam, Chartered Accountant at Coimbatore, met with an accident on 5/10/2013 while he was travelling in Toyota Car, bearing Registration No.TN-37-AM-3600 from Kothagiri to Coimbatore. In the said accident, the car driver, by name, Venkateswaran lost control and hit the road margin. Rajarathinam, who was travelling in the car, sustained severe injuries and was taken to Mettupalayam Government Hospital, then, to Coimbatore Government Hospital, for further treatment. However, he died on the same day. At the time of death, he was 45 years old, earning substantially through his profession and in the share trading. Claim Petition was filed by his wife and his mother, claiming compensation of Rs.1.00Crore. Later, the claim was amended to Rs.1,65,70,720.00.

(3.) The second respondent/Insurance Company, who is the insurer of the vehicle, contested the claim petition on the ground that the deceased Rajarathinam was a gratuitous passenger and therefore, the insurance policy does not cover his loss. It was also contended that the driver of the vehicle Venkateswaran had no valid driving licence and therefore, there is a breach of insurance condition. The claim of loss of income made in the petition was also disputed.