JUDGMENT :

(Prayer:- This Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act, 1988, against the decree and judgment dated 23.12.2011 passed by the learned District Judge, Motor Accidents Claims Tribunal, Thiruvannamalai in O.P.No.674 of 2008.)

1. This Appeal is preferred by the Insurance Company aggrieved by the award passed by the Tribunal in O.P.No.674 of 2008 dated 23.12.2011.

2. The short point 'whether the Insurance Company is liable to pay and recover the compensation awarded to the victim who travelled in a goods vehicle, contrary to the licence policy' is the points for consideration in this appeal.

3. On 28.03.2008, at about 6.00 pm, a Tempo Truck open model goods vehicle capsized near Munianthangal Junction on the Vellore to Polur Main road. Eight persons travelling in that goods vehicle were injured and one died on the way to hospital. F.I.R., was registered based on the complaint given by one Chitra W/o.Markku who was one among the passengers travelled in the Tempo Truck and also sustained injury. As per the F.I.R., the informant Chitra along with seven others were employed as Coolies in a construction Site and they were returning home in the Tempo Truck bearing Registration No.TN 25 H 8024, owned by one Balan. At about 6.30 pm on 28.03.2008, near Munianthangal Junction on the Vellore to Polur Main road, the Driver of the goods vehicle lost his control and capsized on the right side of the road. In the said accident, she sustained injury on her nose; Shanthi w/o Padavetan sustained injury on her forehead; Arpudham w/o Pichandi sustained injury on her shoulders; Ragini w/o Selvam lost her teeth and sustained injury on her forehead Panchavarnam w/o Masilamani sustained injury on her right eye brow. Sumathi w/o Prakash escaped un-injured. Selvi w/o Raja sustained severe injury all over the body. All the injured persons were taken to CMC hospital, Vellore for treatment. Selvi w/o Raja died on the way to hospital and she was declared dead.

4. Based on the above complaint given by Chitra, Sandavasal Police has registered case against the Driver of goods vehicle in Crime No.149/2008 dated 29.03.2008 for offence under Sections 279, 337, 338 and 304A I.P.C.

5. The respondents herein had filed a claim petition before the Tribunal that they are the dependants of the deceased Selvi. The said Selvi was earning Rs.4,500/- per month as Mason Assistant. She was 34 years old at the time of death. She has left behind her husband, two minor children and dependant mother. Therefore, Rs.5,00,000/- sought as compensation against the owner of the Tempo Truck and the Insurance company which has ensured the vehicle.

6. This claim has been opposed by the Insurance Company on the ground that they are not liable to pay any compensation to the claimants since, the vehicle involved in the accident and insured under the Insurance company is a goods vehicle. The said deceased Selvi and others are all unauthorised passengers. They all have travelled in the goods vehicle in violation of policy and permit condition. Further, the alleged Driver of the goods vehicle did not possess Driving Licence as required under law and insurance policy.

7. The Tribunal after considering the evidence adduced by the claimants as well as the insurance company awarded compensation of Rs.4,24,000/- applying the multiplier and by fixing the financial contribution of the deceased to her family as Rs.2,000/- per month and order the Insurance Company to pay and recover from the vehicle owner.

8. Aggrieved by that, the present Civil Miscellaneous Appeal is filed by the Insurance Company. The learned counsel for the Insurance company would submit that the Tribunal ought not to have ordered pay and recover, when it has been clearly established that there is a clear violation of the policy condition and statute. The judgments of the Hon'ble Supreme Court in this regard has been totally ignored by the Tribunal and has awarded compensation with direction to