NEW INDIA ASSURANCE CO. LTD. Vs. GOVINDAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeals has been filed against the award dated 03.01.2006 in M.C.O.P No.396 of 2004 passed by the Motor Accident Claims Tribunal, Fast Track Court, Dharmapuri.

(2.) The Insurance Company is the appellant in the Appeal. The Claim arises out of the accident that took place on 13.09.2002 and the first respondent in the appeal, who was travelling in the Tractor bearing registration No TN 30 Y 0750 with a Trailer, was injured because of the rash and negligent driving of the driver of the 2nd respondent, the owner of the vehicle. The Appellant opposed the claim on the grounds that the first respondent herein was an unauthorized passenger, that as per the policy conditions, the vehicle can be used only for agricultural purpose, that the owner of the vehicle did not pay any extra premium for carrying loadmen and therefore, the appellant is not liable to pay any compensation.

(3.) After considering the oral as well as documentary evidence, the Tribunal awarded Rs.1,63,000/- with costs and interest @ 7.5% per annum against the claim of Rs.7,00,000/-. Aggrieved by the same, the present appeals have been filed by the Insurance Company.