DIVISIONAL MANAGER Vs. SUBALAKSHMI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the fair and decreetal order dated 07.12.2015 made in MCOP.No.96 of 2014 on the file of the Motor Accidents Claims Tribunal, Principal Sub Judge, Tenkasi.

(2.) In an accident which occurred on 29.05.2013, one Jegajothi Mariappan died. Wife, minor daughter and parents of the deceased laid a claim petition in MCOP.No.96 of 2014 on the file of the Motor Accidents Claims Tribunal, Principal Sub Judge, Tenkasi, claiming compensation of Rs.30,00,000/-, contending that on 29.05.2013, after finishing construction contract work, while the deceased was travelling along with the construction work materials as owner of the goods in the Load Auto bearing registration No.TN 69 AV 2752 belonging to the 6th respondent insured with the appellant insurance company, the Load Auto got capsized due to the rash and negligent driving of the driver/5th respondent and Jegajothi Mariappan died on the way to Hospital.

(3.) The appellant insurance company resisted the claim contending that the driver of the offending vehicle namely, Load Auto bearing registration No.TN 69 AV 2752 belonging to the 6th respondent did not possess a valid and effective driving licence at the time of accident and further the deceased travelled in the vehicle as gratuitous passenger and therefore, the insurance company is not liable to pay compensation.