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R. SUBRAMANIAN, R. KALAIMATHI
National Insurance Co. Ltd. , Rep. By its Divisional Manager, Vellore – Appellant
Versus
Mahendiran – Respondent
JUDGMENT
(Prayer: Civil Miscellaneous Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the judgment and decree dated 18.11.2019 made in M.C.O.P.No.113 of 2012 on the file of the Motor Accidents Claims Tribunal, Subordinate Judge, Vaniyambadi.)
1. The appeal is filed by the Insurance Company aggrieved by the award of compensation of Rs.25,06,000/- for the death of one Sathishkumar in a road accident that occurred on 19.04.2012 at about 12.00 hours.
2. According to the claimants, while the deceased was travelling in a lorry bearing Registration No.TN-33-AR-4155, owned by the fifth respondent herein and insured with the appellant herein, the said lorry capsized resulting fatal injuries to the deceased Sathishkumar. The claimants are father, mother, sister and brother of the deceased. At the time of accident, he was aged about 25 years and he was a driver of a Poclain.
3. The claimants contended that the deceased had travelled in the lorry to reach the area where the Poclain was working as a change driver. However, the said lorry capsized resulting in the accident. The owner of the lorry remained exparte.
4. The Insurance Company resisted the claim contending
The main legal point established in the judgment is that the Insurance Company is not liable to pay compensation for the death of an individual in a road accident if the deceased was an unauthorized ....
Validity of insurance policy and coverage of passengers under the Motor Vehicles Act.
Validity of insurance policy and liability of the Insurance Company to pay compensation under the Motor Vehicles Act, 1988.
The main legal point established is that the insurance company is liable to compensate the claimants if the deceased had paid a separate premium for personal accident cover, but the liability is limi....
It is made clear that since according to the Insurance Company, claim petitions filed by other persons travelling in same vehicle in which claimant was also travelling have been dismissed for default....
The main legal point established in the judgment is the interpretation of policy conditions, specifically regarding the coverage of the deceased under IMT 28, and the determination of liability for c....
The central legal point established in the judgment is the interpretation of personal accident coverage under the insurance policy and the liability of the Insurance Company under the Motor Vehicles ....
The Insurance Company is not liable to pay compensation to unauthorized passengers traveling in the goods vehicle.
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