CHITRA Vs. M. SHANTHI

JUDGEMENT

(1.) QUESTIONING the finding rendered by the Motor Accident Claims Tribunal (Principal District Court), Villupuram, in and by an award dated 11.6.2010 made in M.A.C.T.O.P. No. 591 of 2008, the claimants have filed the present appeal.

(2.) THE first claimant/first appellant is the wife of the deceased Mathiyalagan. Claimants 2 to 4/appellants 2 to 4 are children and fifth claimant/fifth appellant is the mother of the deceased.

(3.) THE case of the claimants was resisted by the second respondent insurance company by taking a defence that the deceased Mathiyalagan had travelled in the said lorry only as a gratuitous passenger. At the time of the accident, the deceased was traveling by sitting on a basket which was kept on the open portion of the lorry. Therefore, there is violation of traffic rules. Hence, the insurance company is not liable to pay the compensation.