NATIONAL INSURANCE COMPANY LTD MADURAI Vs. V ADIMOORTHY

JUDGEMENT

(1.) ON 19.8.1989 at about 14.00 hrs. an accident had taken place near Kattakulam Sholavandan, Madurai District. The van bearing Registration No. TA.U.5573 in which the first respondent in C.R.P. No. 574 of 1993, the first respondent in C.M.A. No. 84 of 1993 and the husband of the first respondent in C.M.A. No. 83/1993 travelled, was involved in the accident.

(2.) ACCORDING to the first respondent in C.M.A. No. 84 of 1993, he was employed by one Kamatchi, son of Chelliah Nadar, to load and unload tamarind bundles from Palamedu to Chekkanurani and to assist him in the market at Chekkanurani. The said van was proceeding from Palamedu to Chekkanurani with 48 tamarind bundles and the first respondent was travelling in the said vehicle, for the safety of the articles as employed by the said Kamatchi, the owner of the goods. The driver of the said vehicle was driving the van in a rash and negligent manner without observing the traffic rules. So, it was involved in the accident. The first respondent's left side hip bone was fractured and so he was not able to walk, run or to do any other work. On that basis be claimed a compensation of Rs. 50,000/- with interest at 12% by filing MCOP No. 308 of 1990 on the file of the Motor Accidents Claims Tribunal, Madurai. The appellant/insurance company filed an objection denying the fact' that the claimant was employed by one Kamatchi to load and unload tamarind bundles and he travelled in the said van in that capacity. It is also denied that the driver of the said vehicle was driving the vehicle in a rash and negligent manner. It is further stated that the vehicle is a goods vehicle entitled to carry goods alone and not the passengers and so the insured violated the terms and conditions and so the insurance company is not liable to pay the said compensation to the first respondent. They have disputed the quantum of compensation claimed by the first respondent.

(3.) THE question that has to be decided in this case is whether the persons who travelled in the said vehicle are authorised passengers, and the Insurance company is liable to indemnify the insured in respect of the compensation claimed.