LAWS(MAD)-1999-8-103

MANAGER NATIONAL INSURANCE CO LTD CALCUTTA Vs. NAGAMMAL

Decided On August 11, 1999
MANAGER, NATIONAL INSURANCE CO LTD., CALCUTTA Appellant
V/S
NAGAMMAL Respondents

JUDGEMENT

(1.) NATIONAL Insurance Company is the appellant herein.

(2.) IN the claim petition filed by the respondents 1 to 4, the L.Rs. of the deceased Muniyandi, who died due to negligent driving of the driver of the jeep, 5th respondent herein, belonged to Kamal Astafa, the 6th respondent herein the claim was made for Rs. 60, 000/-. The Tribunal awarded Rs. 50, 000/-. The Tribunal further directed the INsurance Company to pay the said amount on behalf of the owner of the jeep.

(3.) CHALLENGING this award, the appellant herein has filed this appeal mainly on the ground that at the time of accident, the deceased was travelling as an unauthorised gratuitous passenger and that therefore, since the policy does not cover for the unauthorised passengers, the Insurance Company is not liable to pay any compensation.