ORIENTAL INSURANCE COMPANY LIMITED Vs. C.CHELLAMMAL

JUDGEMENT

(1.) These Civil Miscellaneous Appeals are directed against the common award passed in MCOP Nos.91 to 92 of 2006, dtd. 29/02/2012 on the file of the Motor Accidents Claim Tribunal-cum-Chief Judicial Magistrate, Trichirappalli.

(2.) The brief case of the claimants are as follows:-

(3.) The 1st respondent the owner of the vehicle remained ex-parte before the Tribunal. The claim petitions were resisted by the 2nd respondent Insurance Company by contending that the claimants and others were travelling in the 1st respondent vehicle for harvesting the crops. The vehicle involved in the accident is a goods carriage having a loading capacity of only 650 kgs. However, the claimants and others (20 members) were travelled the vehicle totally 1100 kgs., at the time of accident. Due to such overloading the accident occurred. Therefore, the 1st respondent violated the terms and conditions of the policy and hence, the insurance company is not liable to pay the compensation to the claimants.