R VASANTHA Vs. BRANCH MANAGER

JUDGEMENT

(1.) The appellant is claimant in M.C.O.P.No.199 of 2001. She filed the said claim petition, claiming a sum of Rs. 91,472/- as compensation for the damages to the lorry belonging to her.

(2.) According to the appellant, on 09.05.1999, at 10.15 a.m, when the driver of the lorry has taken the lorry to load sand from Kulakudi Tank, he saw number of persons standing near the tank. He applied sudden brake and due to that, the lorry capsized and damaged. The lorry was insured with the respondent and hence, the respondent is liable to pay compensation.

(3.) The respondent filed a counter statement and contended that the accident occurred due to the rash and negligent driving by the driver of the lorry. At the time of accident, 75 persons travelled in the lorry in violation of permit and policy conditions. As per the policy, the respondent is liable to pay compensation only for the damages caused to the property of third party and not liable to pay compensation to the damages caused to the vehicle of insured.