LAKSHMIAMMAL Vs. VELLADURAI

JUDGEMENT

(1.) This appeal has been filed against the judgment and decree dated 07.10.2013 made in M.C.O.P.No.359 of 2013 on the file of the Motor Accident Claims Tribunal, (Special Sub Court), Tirunelveli.

(2.) In an accident which occurred on 04.09.2010, the appellant/claimant sustained fracture in the right hand and other injuries. He made a claim in M.C.O.P. No.359 of 2013 on the file of the Motor Accident Claims Tribunal, (Special Sub Court), Tirunelveli, claiming compensation of Rs. 4,00,000/-. The 2nd respondent insurance company filed counter resisting the claim petition. Considering the oral and documentary evidence adduced on either side, the Tribunal awarded compensation of Rs. 2,16,000/- with 9% per annum from the date of claim. Aggrieved by the said award, the appellant has filed this appeal challenging liability and quantum of compensation.

(3.) Learned counsel for the appellant/claimant would contend that though the policy is a comprehensive policy and the offending vehicle is the Tractor and Trailer and that the deceased was an agricultural coolie, the learned Judge instead of ordering pay and recover, erroneously dismissed the claim petition as against the 2nd respondent/insurance company, stating that the driver of the vehicle did not have valid driving licence and that the driver of Tractor carried 25 passengers violating the conditions of insurance policy. Therefore, the learned counsel prayed for pay and recovery.