NEW INDIA ASSURANCE CO LTD Vs. ALAMELU

JUDGEMENT

(1.) The appellant/Insurance Company, who suffered a decree/award passed by the Motor Accident Claims Tribunal (Additional District Judge, Fast Track Court, No.1,) Salem, dated 27.10.2006 in MACTOP No.1490 of 2004, has come forward with the present Civil Miscellaneous Appeal.

(2.) For convenience sake, the parties are referred to hereunder according to their litigative status before the Tribunal. The Petitioner was carrying on business as fruit merchant. On 20.05.2004, the Petitioner/claimant, who was owner of goods, was travelling in a Minidoor Auto bearing Reg.No.TN-30-E-9141, belonging to 1st respondent along with other co-passengers, from Chinnakadai Veedhi to Periyapudhur. While the said minidoor auto was nearing Chevvaipettai Kalliamman Koil, the driver of the said vehicle driven it in a rash and negligent manner at high speed, which resulted in the accident, thereby, the petitioner and the co-passengers suffered grievous injuries. The petitioner has preferred a claim petition in M.C.O.P.No.1490 of 2004 before the Tribunal, seeking compensation of Rs.5,00,000/- for the grievous injuries suffered by her.

(3.) On the other hand, opposing the claim petition, the appellant herein/2nd respondent, while disputing the nature of accident, contended that the accident did not occur in the manner as alleged by the Petitioner and it occurred only due to overloading of goods and at the time of accident, 6 passengers travelled along with their goods, which is not permitted and as such, the overloading of goods and travel of more passengers clearly indicate the violation of Policy conditions and therefore, they are not liable to pay the compensation for the victim of said accident and prayed for dismissal of the claim petition.