ABDUL QUDDHOSE
National Insurance Company Limited – Appellant
Versus
Latha – Respondent
JUDGMENT :
ABDUL QUDDHOSE, J.
Prayer: Civil Miscellaneous Appeals filed under Section 173 of Motor Vehicles Act, 1988 against the Judgment and Decree passed in M.A.C.T. O.P. Nos. 906 and 907 of 2010 dated 28.03.2014 on the file of the Motor Accidents Claims Tribunal, 2nd Additional District Court, Sangagiri.
1. These appeals have been filed by the Insurance Company challenging the common award dated 28.03.2014 passed by the Motor Accident Claims Tribunal, Salem in M.C.O.P. Nos. 906 and 907 of 2010.
2. Heard Ms. N.B. Surekha, learned counsel for the Appellant and Mr. S.P. Yuaraj, learned counsel for the 1st respondent.
3. The Appellant Insurance Company has challenged the impugned award questioning its liability to pay the compensation on the ground that the respective deceased were gratuitous passengers in a goods vehicle (Insured Vehicle).
4. Admittedly, the deceased who were minors aged four years and two years respectively, were travelling in the insured vehicle which is a Minidor Auto (Insured Vehicle). The aforementioned facts were not disputed by the claimants before the Tribunal.
5. It is settled law that if the accident victims were travelling in a goods vehicle and they were grat
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