YASODHA Vs. M. SELVAKUMAR

JUDGEMENT

(1.) THE present appeal has been filed as against the order of dismissal dated 29.11.2010 made in M.C.O.P. No. 96 of 2008 passed by the Motor Accidents Claims Tribunal (Sub -Judge), Bhavani, dismissing the claim petition filed by the claimants/appellants herein.

(2.) THE appellants herein are the claimants before the Tribunal. The 1st appellant is the wife, the appellants 2 & 3 are the minor son and daughter, respectively, and the appellants 4 & 5 are the parents of the deceased Manickasundaram.

(3.) THE case of the claimants was resisted by the Insurance Company, by taking a defence that at the time of accident, three persons had traveled in the two -wheeler and all the three persons were under the influence of alcohol. In the said accident, rider Moganathan and a pillion rider Manickasundaram died on the spot and another pillion rider Selvakumar, who is the owner of the two -wheeler, sustained grievous injuries. Further, according to the Insurance Company, the rider of the two -wheeler did not possess a valid and effective driving licence on the date of accident and as such, there is a violation to the conditions of the Insurance Policy. Further more, it is the specific defence of the Insurance Company that though the deceased Manickasundaram had traveled in the vehicle as a pillion rider, as no additional premium was paid to cover the risk of the pillion rider, the Insurance Company is not liable to pay the compensation amount. Thus, the Insurance Company sought for dismissal of the claim petition.