UNITED INDIA INSURANCE CO LTD Vs. NAGARAJAN; DAYANANTHAN

JUDGEMENT

(1.) The present appeal has been filed by the Insurance Company challenging the finding rendered by the Motor Accidents Claims Tribunal (III Judge, Small Causes Court), Chennai, in and by award dated 07.10.2010 in M.A.C.T.O.P.No.4014 of 2007, in fixing the liability on the part of them to pay the compensation amount to the claimant by indemnifying the owner of the vehicle.

(2.) The 1st respondent herein is the claimant before the Tribunal. It is the case of the claimant that on 04.10.2007 at 01.00 hours, when he was standing on the road at Pattinathar Temple Junction in Thiruvottiyur, a container Lorry bearing Registration No.TN-04-D-4727, owned by the 2nd respondent herein and insured with the appellant herein/Insurance Company, came in a rash and negligent manner from the opposite direction and dashed against him, as a result of which, he sustained fracture of bones on both the legs and other injuries all over the body. Hence, he made a claim for a sum of Rs.5 laksh as compensation as against the owner of the vehicle as well as insurance company/appellant herein.

(3.) The claim made by the claimant was resisted by the Insurance Company by taking a defence that the employer of the claimant is the owner of the lorry involved in the alleged accident. As the claimant is only an employee of the owner of the vehicle, the Insurance Company is not liable to pay compensation and the claimant has to seek his remedy only under Workmen's Compensation Act, 1923. Therefore, the claim made by the claimant before the Tribunals is not legally sustainable. Thus, they opposed the claim petition filed by the claimant.