NATIONAL INSURANCE COMPANY LIMITED Vs. GODDETI ANNAPOORNA

JUDGEMENT

(1.) The award in MVOP.No.259 of 2000 dated 28-10-2004 on the file of the Motor Accidents Claims Tribunal-cum-District Judge, Krishna at Machilipatnam, directing the insurer of the offending vehicle to pay the compensation awarded to the wife and minor son of the deceased G. China Yesupadam in the first instance and recover the same from the owner of the vehicle led the insurer to file the present appeal.

(2.) When Goddeti China Yesupadam was travelling by lorry No.AP-16-W-8694 sitting on the load with the permission of the driver on 24-03-2000, he fell down from the lorry due to rash and negligent driving of the vehicle and he was declared dead when taken to Government Hospital, Jaggaiahpet with grievous injuries suffered due to the fall. Vatsavai Police registered Crime No.20 of 2000 against the lorry driver and the wife and minor son of China Yesupadam claimed a compensation of Rs.6,00,000/- from the owner and insurer of the lorry.

(3.) While the owner of the lorry remained ex parte before the Tribunal, the insurer specifically contended that among other things, no premium was paid in respect of carriage of passengers in the goods vehicle and any risk of such passengers is not covered by the terms and conditions of the insurance policy. The violation of the terms and conditions of the policy by carrying passengers absolves the insurer from any liability and hence, the insurer desired the claim to fail.