JUDGMENT

Being aggrieved by the Judgment and Decree passed in M.C.O.P.No.193 of 1996 on the file of Motor Accident Claims Tribunal(II Additional District and Sessions Court), Krishnagiri, dated 07.09.2000, the Insurance Company has preferred this Civil Miscellaneous Appeal in respect of liability.

2. The claim petition was filed under Section 166 of Motor Vehicles Act, claiming compensation of Rs.6,00,000/- for the death of Vasudevan who died in the road accident that occurred on 01.12.1993.

3. The Tribunal after evaluating the evidence has held that the deceased Vasudevan travelled as a substitute driver and hence the Insurance Company is liable to compensate the legal representatives of the deceased and granted a compensation of Rs.4,30,000/- with interest at the rate of 12% per annum from the date of filing of petition till the date of realisation.

4. The learned counsel appearing for the appellant/Insurance Company Mr.S.Arunkumar would vehemently contend that the deceased who is the owner of the goods carriage vehicle was not covered under the policy. Therefore, the Insurance Company is not liable to pay compensation to the claimants. To buttress his arguments, the below said judg