M/S.THE BRANCH MANAGER Vs. ARUMAI KANI

JUDGEMENT

(1.) This appeal has been filed by the Oriental Insurance Company against the award dated 6.1.2005 made in MCOP No.1285 of 2002 on the file of MACT-cum-Principal Sub Court, Tirunelveli.

(2.) The said claim petition was filed by the first respondent herein. According to the averments in the claim petition, the first respondent was travelling in a lorry bearing registration No.KL 7G 9896 as a loadman on 25.7.200 The lorry belonged to the second respondent herein and was registered with the appellant insurance company. The lorry was driven in a rash and negligent manner causing the accident in question. The claimant was thrown out of the lorry and suffered multiple injuries. He was treated as an inpatient from 25.9.2002 to 21.10.2002 in Tirunelveli Medical College hospital. Thereafter he took treatment in a private clinic and incurred Rs. 80,000.00 towards medical expenses. He was aged 45 years and was earning Rs. 5,000.00 p.m. On account of the head injury and other injuries suffered by him, he had suffered permanent disability. He therefore claimed a sum of Rs. 3 lakhs towards compensation.

(3.) The appellant insurance company filed a counter pointing out that as many as 12 persons had travelled in the said vehicle by sitting on the sand load at the material time of the accident. The claimant having travelled as a gratuitous passenger in the vehicle, the insurance company cannot be made liable.