(1.) This C.M.A. has been preferred against the award dated 9-12-1996 in O.P. No. 1215 of 1994 on the file of the Motor Accidents Claims Tribunals, Chief Judge, Small Causec Court, Chennai. The matter relates to claim for Rs. 10,22,000/- for the loss of life of one Dhanaraj caused in a motor accident on 9-10-1993. The wife and minor son have preferred the claim.
(2.) The 1st respondent in the said O.P. in the counter contested that there was no negligence on the part of the driver. Another important defence was that the vehicle should not be used for any purpose other than agriculture. The vehicle should not be used for carrying goods as per condition No. 10 in the policy. As the vehicle was used for different purpose viz. for carrying goods, the liability of the appellant is not there.
(3.) The Tribunal came to conclusion that the vehicle in question was a commercial vehicle meant for carrying goods. Insurance company was held to be definitely liable. The Tribunal rejected the contention that the vehicle should be used only for agricultural purposes. As regards the quantum, considering salary of the deceased and age of the deceased as evidence by Ex.P.1, the Tribunal has awarded a sum of Rs. 3,40,000/-. The United India Insurance Company has preferred the appeal.
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