V. MANICKAM Vs. L. SUMITHRA

JUDGEMENT

(1.) THIS appeal has been filed against the award in M.C.O.P.No.1603 of 2000 dated 08.04.2004 on the file of the Motor Vehicles Accidents Claims Tribunal (V Judge), Small Causes Court, Chennai.

(2.) IN the claim petition before the Tribunal, the appellant contended that he was an auto driver and when he was standing on the platform opposite to Sankara Nethralaya Eye Hospital, College Road, Chennai, waiting to cross the road, the car bearing registration No.TN -09 -D -3865 which was driven in a rash, negligent manner moving in west to east direction, dashed against the claimant and as a result, he sustained injuries. A compensation of Rs.5,00,000/ - under various heads was sought. The first respondent, the owner of the vehicle remained exparte and the second respondent Insurance Company contested the case. The second respondent amongst other defences raised an objection as to the liability claiming that the first respondent has violated the policy condition by changing the usage of the vehicle for some other purpose which was eligible for use as a private car only. After considering the oral and documentary evidences, the Tribunal awarded a sum of Rs.1,25,310/ - with interest at the rate of 9% with costs. Aggrieved with the same, the present appeal has been filed.

(3.) IN reply, the learned counsel for the second respondent by the counter affidavit contended that without paying extra premium, the first respondent cannot change the use of the vehicle, when the vehicle is given in contract it is only the beneficiary under the contract who is liable and not the owner, as the owner has lost the control over the vehicle and therefore the insurance company is not liable and sought for the dismissal of the appeal. In support, he placed reliance upon the judgments reported in 2008 (1) TN MAC126 (SC) [NATIONAL INSURANCE CO. LTD., vs. DEEPA DEVI & OTHERS]; 2011 (2) TN MAC 205 (SC) [UTTAR PRADESH STATE ROAD TRANSPORT CORPORATION vs. KULSUM & OTHERS]; and2013 (1) TN MAC 620 (SC) [NATIONAL INSURANCE COMPANY LIMITED vs. K.VAIJAYANHTIMALA].