NATIONAL INSURANCE CO LTD Vs. VALARMATHI NAMBI

JUDGEMENT

(1.) THE Insurance Company is the appellant in this appeal. THE respondents/claimants are the widow and two children of the deceased Dr.Thirumalai Nambi who died in road accident that took place on 28.7.1996, while he was driving TATA Sumo Van bearing registration No.TN-27-E-4506, which was, admittedly not owned by him, but owned by the fourth respondent, who remained ex parte in the Tribunal.

(2.) CONTENDING that the deceased was a doctor by profession as also an agriculturist, earning a monthly income of Rs.32,000/-, the respondents 1 to 3 filed the claim petition seeking a total compensation of Rs.40 lakhs under the various heads.

(3.) LEARNED counsel appearing for the appellant is not challenging the quantum of compensation, but he questions the finding of the Tribunal as to liability of the appellant. According to him, at the time of accident the vehicle was driven by the deceased himself, who is not a third party, not covered by the Insurance policy and hence, the claimants are not entitled to any compensation.