NATIONAL INSURANCE COMPANY LTD. Vs. ANDAL AND ORS.

JUDGEMENT

(1.) The Appellant is the Insurance company, who is the 2nd respondent before the Tribunal, has filed this appeal challenging the order and decree dtd. 22/1/2010 made in M.C.O.P.No.333 of 2007 on the file of Motor Accident Claims Tribunal, Chidambaram.

(2.) For convenience sake, the parties are referred to hereunder according to their litigative status before the Tribunal. It is a fatal case. The case of the Petitioner is that on 30/5/2006, while the deceased Kamesh was travelling in the Mini door van bearing Reg.No.TN-31-F-7933 from Kumarapettai to Periyapattu along with some other persons carrying paint and other materials, due to rash and negligent driving by the driver of the said Mini van, the driver lost control of the vehicle and the van capsized on the left side of the road. The accident occurred only due to negligence of the Mini door van driver. The deceased was aged 23 years and by working as Sculptor was earning Rs.10,000.00 per month. The Petitioners who are the parents of the deceased were depending on his income. Thus the Petitioners are suffering from loss of income and also missing the love and affection of their deceased son. Thus, the Petitioners seek a sum of Rs.10,00,000.00 as compensation.

(3.) On the other hand, opposing the claim of the Petitioners, by filing counter, the 2nd respondent denies the claim of the Petitioners about the manner in which the accident occurred. The Petitioners ' claim about the age, occupation and income of the deceased is denied. The vehicle bearing Reg.No.TN-31-F-7933 was not insured with them. The driver of the 1st respondent vehicle did not possess valid driving licence. The accident occurred only due to negligence of the deceased and three other persons who travelled in the vehicle as unauthorized passengers. As the deceased travelled in the goods vehicle as a gratuitous passenger, the 2nd respondent is not liable to pay any compensation. Hence, they seek dismissal of the Petition.