NEW INDIA ASSURANCE CO LTD Vs. PALANISAMY

JUDGEMENT

(1.) The Insurance Company is the appellant herein challenging the Judgment and Decree dated 21.10.2010 passed by the learned Chief Judicial Magistrate, Motor Accidents Claims Tribunal, Namakkal, in M.C.O.P.No.88 of 2007.

(2.) The first respondent herein is the claimant and he has filed a claim petition in M.C.O.P.No.88 of 2007 before the learned Chief Judicial Magistrate, Motor Accidents Claims Tribunal, Namakkal, claiming a sum of Rs.9,00,000/- as compensation alleging that on 08.04.2006 at about 10.00 p.m., opposite to Kelapalayam Sathya Hotel at Elavanasurkottai in Ulundurpettai to Kallakurichi main road, while the claimant was traveling as a load man in a TATA 407 Van bearing Registration No.TN-28-5905, the driver of the above said TATA 407 Van drove the same in a rash and negligent manner and without noticing the traffic, suddenly dashed the said vehicle behind a Lorry bearing Registration No.TN-31-1706 which was parked on the left side of the road. Due to the above accident, the claimant sustained multiple grievous injuries in both hands, both legs, shoulder, head and some other injuries all over the body. The accident had occurred only due to the rash and negligent driving on the part of the driver of the TATA 407 Van bearing Registration No.TN-28-5905.

(3.) The appellant herein / insurer of the Van, in which the claim petitioner has travelled as a load man, has filed a counter statement before the Tribunal disputing the rash and negligent driving of the driver of the offending vehicle and also the quantum of compensation. In the additional counter affidavit, the appellant herein / insurance company has denied its liability because the policy taken by the first respondent before the Tribunal / owner of the Van is only a Basic policy and he has not paid any additional premium for the employees and hence, the compensation claimed by the claimant stating that he has travelled as a load man does not arise and he has to claim compensation only from his owner namely, Palaniappan / second respondent herein.