SELVA SHANTHINI Vs. R HEMAVATHI

JUDGEMENT

(1.) The claimants who are the wife and minor daughters of one Ramamoorthy, who died in a motor accident that occurred on 29.12.2007 are the appellants. The challenge in this Appeal is mainly to the finding of the Tribunal that the Insurance Company is not liable to pay the compensation, inasmuch as the deceased was travelling as a gratuitous passenger in the goods vehicle.

(2.) The case of the claimants before the Tribunal was that the deceased Ramamoorthy was travelling in the goods vehicle, namely Eicher Lorry, bearing Registration No.KA-51-5622 from Hosur to Chennai, as the owner of the goods, namely furniture and other office equipments, which were meant for his Transport Office to be opened at Chennai. It is also averred that the said Ramamoorthy owned a fleet of Lorries and he had planned to open an Office at Koyambedu. With that object he had loaded the furniture and other office equipments from Hosur in the lorry owned by the 1st respondent and insured with the 2nd respondent. He along with his assistant were travelling in the said vehicle. While the vehicle was nearing Thullanthandalam Village, at about 6.00 a.m. on 29.12007, lorry which was driven by its driver in a rash and negligent manner dashed against another lorry which was proceeding ahead of it. As a result of the impact Ramamoorthy, who was sitting on the left side of the lorry suffered grievous injuries and died on the spot. The driver of the vehicle left the vehicle on the road and fled. The claimants had sought for a compensation of Rs. 10,00,000/- for the death of the said Ramamoorthy. It is claimed that Ramamoorthy was owning about four lorries earning about Rs. 30,000/- per month.

(3.) The claim was resisted by the Insurance Company mainly contending that the FIR lodged by the assistant of Ramamoorthy, namely one Murali does not disclose that Ramamoorthy was travelling in the goods vehicle as the owner of the goods. Therefore, according to the Insurance Company, the said Ramamoorthy being an unauthorised passenger in the goods vehicle, the Insurance Company is not liable to indemnify the owner. The Insurance Company also denied the particulars regarding the age and income of the deceased.