SHRIRAM GENERAL INSURANCE CO.LTD Vs. SANTHA

JUDGEMENT

(1.) This appeal is filed against the fair and decreetal order dated 16.10.2015 made in MCOP.No.165 of 2011 on the file of the Motor Accidents Claims Tribunal (Sub Court), Kulithalai.

(2.) The only contention made by the learned counsel for the appellant is that the accident had occurred while the deceased had travelled in the goods vehicle after unloading the goods and therefore, he was an unauthorised passenger which is a violation of policy conditions. Thus, the appellant is not liable to pay the compensation.

(3.) Learned counsel for the respondents 1 to 3/claimants produced the judgment of the Hon'ble Supreme Court in 2018 (1) TN MAC 435 ( SC), Shivawwa and another vs. Branch Manager, National India Insurance Co.Ltd., and another and submitted that as per the said judgment, the deceased is deemed to be a loadman and the Tribunal considering the said aspect in proper perspective, has rightly ordered pay and recovery which does not require any interference by this Court.