ORIENTAL INSURANCE CO LTD Vs. K. VIDYASAGAR

JUDGEMENT

(1.) The Appellants in the above Civil Miscellaneous Appeals are the Insurance company and challenge the order and decree dated 29th April 2010 made in M.C.O.P.No.237/2007 and 261/2007 on the file of Motor Accident Claims Tribunal, Fast Track Court No.4, Bhavani and the order dated 9th April 2010 made in M.C.O.P.No.55/2009 on the file of Motor Accident Claims Tribunal, Sub Court, Bhavani

(2.) For convenience sake, the parties are referred to hereunder according to their litigative status before the Tribunal. It is a case of injury.

(3.) In MCOP.No.55/2009, by filing counter, the 3rd and 4th respondents/insurance company contends that the accident does not occur in the manner alleged by the Petitioner. It is only due to negligence of the Petitioner, the accident occurred. The age, income and occupation as alleged in the Petitions are not admitted. The vehicle bearing Reg.No.TN- 31-A-3459 belonging to the 2nd respondent was used for illegal purpose for transporting Government rice illegally to other states at the time of the accident. The same will amount to violation of Insurance policy condition. Komarapalayam Police also filed charge sheet against the 1st respondent under section 7 of the Essential Commodities Act, apart from other IPC provisions. Thus, the 3rd and 4th respondents are not liable to pay any compensation. The Petitioner in MCOP.No.55/2009 was following another Motor cycle and due to over speed, dashed on the motor cycle, lost control and hit against the 1st respondent van which was coming in the opposite direction. As the pillion rider of the motor cycle died and the rider of the two motor cycle injured, false case was registered against the van driver, 1st respondent herein. The accident occurred only due to negligence of the Petitioner in MCOP.No.55/2009. Thus, the 3rd and 4th respondents seeks dismissal of the Petition.