1. It is the case of the claimants that on 18.06.2005, about 4.30 A.M., when eight women travelled in a Mini Lorry, bearing Registration No.TN 20 AA 2865, from Andersonpet to Tiruvallur, along with mangoes in baskets, near Vengathur, due to the rash and negligent driving of the driver of the Mini lorry, the vehicle dashed against a tamarind tree. Four women died on the spot and four women were injured. Out of the four injured, one died lateron. A complaint has been lodged by one Murugesan, in Crime No.299 of 2005, under Sections 279, 337, 338 and 304 (A) IPC., against the driver of TATA 407 Van, on the file of Manavalan Nagar Police Station. Legal representatives of the deceased and the injured, filed separate claim petitions, claiming compensation.

2. The owner of the vehicle, in his counter affidavit, submitted that when his Mini lorry, was returning to Thiruvallur, after unloading vegetables, near Vellavadu, a group of ladies, with their mango basket stopped the vehicle and boarded the lorry, with mangoes, in baskets to go to Thiruvallur and near Vengathur, the driver lost his control and dashed against a tree and thus, caused the accident.

3. Royal Sundaram Alliance Insurance Company, appellant herein, has objected to the claim petitions, on the grounds that the deceased and injured, travelled as unauthorised passengers in a Goods Vehicle. The Company denied the contention that they were travelling with Mangoes in Baskets and prayed for dismissal of the claim petitions.

4. Before the Tribunal, the injured and the legal representatives of the deceased examined themselves, as witnesses and marked documents. Two witnesses, an Assistant and Investigator, RWs.1 and 2 respectively, have been examined on the side of the appellant-Insurance Company. Ex.R1 – Policy, Ex.R2 – Letter sent by the Insurance Company to the owner of the vehicle, Ex.R3 – Postal Acknowledgement, Ex.R4 – Letter from the driver of the offending vehicle to the Insurance Company and Ex.P5 - Investigation Report are the documents filed on their side.

5. On evaluation of pleadings and evidence, the Claims Tribunal held that the lorry driver was negligent in causing the accident. Holding that under Section 147 of the Motor Vehicles Act, 1988, the insurer is liable to pay compensation, to the accident victims and as per Ex.R1 Insurance Policy, the insured was covered, by making a premium for non-fare paying passenger under IMT.37-A, liability has been fastened on the appellant-Insurance Company. Accordingly, the Claims Tribunal quantified the pecuniary and non-pecuniary losses, to the injured/legal representatives of the deceased, as the case may be, as tabulated hereunder :

Fatal Cases:

Claimants Name of the deceased Age of the deceased Avocation of the deceased Income of the deceased Compensation claimed Compensation

awarded

D.Gunas-ekar and others (MCOP.No.484 of 2005)

Panchalai

40 years

Retail

fruit

vendor

Rs.4,500/-

Rs.5,00,000/- Rs.3,80,000/-with interest at the rate of 7.5% per annum.

Raji and others (MCOP. No.485 of 2005)

Anandha

50 years

Retail

fruit

vendor

Rs.4,500/-

Rs.4,00,000/- Rs.2,90,000/- with interest at the rate of 7.5% per annum.

R.Palani and others (MCOP.No.486 of 2005)

Savaramallee

35 years

Retail

fruit

vendor

Rs.4,500/-

Rs.5,00,000/- Rs.4,10,000/- with interest at the rate of 7.5% per annum.

P.

Murugan and others (MCOP.No.487 of 2005)

Alamelu

28 years

Retail

fruit

vendor

Rs.4,500/-

Rs.5,00,000/- Rs.4,35,000/- with interest at the rate of 7.5% per annum.

Chellam-mal

and others

(MCOP.No.488

of 2005)

Lakshmi

48 years

Retail

fruit

vendor

Rs.4,500/-

Rs.3,00,000/- Rs.1,30,000/- with interest at the rate of 7.5% per annum.

Injury cases:

Claimants Age Avocation Monthly

Income Nature of

injuries Compensation

claimed Compensation

awarded

Padma (MCOP.No.

489 of

2005)

50

years

Retail

Fruit

vendor

Rs.3,000/- Grade I fracture of both bones in right leg and Grade II fracture of both bones in left leg.

Rs.3,00,000/-

Rs.1,22,000/- with interest at the rate of 7.5% per annum.

S