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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VADAMALAI
M.Nagammal, W/o. Late. Murugan – Appellant
Versus
Branch Manager, M/s. APN Trading Company – Respondent
JUDGMENT :
P. Vadamalai, J.
This Civil Miscellaneous Appeal is preferred against the judgment and decree, dated 23.06.2023 passed in M.C.O.P.No.162 of 2021 by the Motor Accident Claims Tribunal/Additional District Court, Sivagangai.
2.The petitioners/claimants in M.C.O.P.No.162 of 2021 are the appellants herein. The respondents in the claim petition are the respondents herein.
3.For the sake of convenience, the parties arrayed in M.C.O.P.No.162 of 2021 are adopted hereunder.
4.The brief facts of the case:
On 26.10.2021, the deceased Murugan was travelling as a loadman in the 1st respondent’s Eicher Lorry bearing registration number TN 63 AF 6112 from Alangudi to Singampunari. At about 2.00 a.m., when the vehicle was coming near the green bamboo Ayyanar Koil Arch in A.Thekkoor to Singampunari road, the driver of the said lorry had driven in a rash and negligent manner from north to south and the lorry capsized. The deceased sustained fatal injuries and died. The deceased Murugan was earning Rs.20,000/- as a loadman. The vehicle was insured with the 2nd respondent/ Insurance Company at the time of the accident. An F.I.R. in Crime No.120 of 2021 was registered by the Nerkuppai police statio
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The main legal point established in the judgment is that the Insurance Company cannot be held responsible for the compensation of unauthorized passengers in a goods vehicle when the risk is not cover....
The main legal point established in the judgment is that the insurance company is not liable to pay compensation for the death of a gratuitous passenger in a goods vehicle.
The main legal point established in the judgment is that the insurance company is not liable to pay compensation for unauthorized passengers in goods vehicles, based on the interpretation of relevant....
Point of Law : Insurance Company was directed to pay compensation even for gratuitous passenger considering circumstances of this case under the “Doctrine of Pay and Recover” from the driver and owne....
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