Insurance liability for passengers in goods vehicles depends on their ownership status under the Motor Vehicles Act.

THE HONOURABLE MRS.JUSTICE S.ANANTHI C.M.A.(MD).No.1271 of 2011 Bajaj Allianz General Insurance Co. Ltd., Door No.11, Office No.6-A, Peoples Park, III Floor, Government Arts College Road, Coimbatore 641 018. ...Appellant/R-3 Vs.

1.Danapal

2.Kanagavalli ...R-1 & R-2/Petitioners

3.S.Santhana Gopal

4.K.Ganesan ...R-3 & R-4/R-1 & R-2 PRAYER: Civil Miscellaneous Appeal filed under Section 173 of the Motor Vehicles Act , to set aside the fair and decreetal order, dated 09.04.2011 made in M.C.O.P.No.214 of 2008 on the file of the learned Motor Accident Claims (Sub Court), Kulithalai and allow this appeal.

For Appellant :Mr.S.Srinivasa Ragavan For R-1 & R-2 :Mr.N.Sudhagar Nagaraj For R-3 & R-4 :No appearance

ORDER

This Civil Miscellaneous Appeal has been filed to set aside the fair and decreetal order, dated 09.04.2011 in M.C.O.P.No.214 of 2008 passed by the learned Motor Accident Claims (Sub Court), Kulithalai.

2.It is a case of fatal accident. On 22.06.2008, morning at 08.45 a.m., the deceased, namely Patturoja was travelling in a Mini-door van bearing Regn. No.TN-33-AJ-4765 belongs to the 4^th respondent herein. The van was driven by the 3^rd respondent herein, Keeranur – Panchapatti Road, near Karaiyampatti, the driver of the Mini-door van drove the vehicle from north to south in rash and negligent manner and when the van suddenly turned an eastern side the van capsized upside down. Due the said accident, the said Patturoja died.

3.The claimants have filed a petition in M.C.O.P.No.214 of 2008 on the file of the learned Motor Accident Claims (Sub Court), Kulithalai, seeking compensation.

4.Before the Tribunal, on the side of the claimants two witnesses were examined as P.W.1 & P.W.2 and marked four documents as Exs.P.1 to P.4 and two witnesses were examined as R.W.1 & R.W.2 and Ex.R.1 and Ex.R.2 were marked.

5.The Tribunal, after considering the pleadings, oral and documentary evidences and the arguments of the counsel for the claimants and the respondent and also on appreciating the evidences on record, directed the appellant/insurance company to pay a sum of Rs.4,26,000/-as compensation. Aggrieved by the said order, the present Civil Miscellaneous Appeal has been filed.

6.Heard on either side. Perused the material documents available on record.

7. The claimants have filed a claim petition in MCOP 214 of 2008 for claiming compensation for the death of their mother who died in the road accident. On 22.06.2008 at 08.45 am, when she was travelled in the Mini-door van bearing Regn. No. TN 33 AJ 4765 as owner of goods. The driver of the Mini-door van drove the vehicle from north to south in rash and negligent manner and when the van turned suddenly an eastern side the van capsized upside down. In the said accident, the deceased sustained grievous injuries and died in the hospital.

8. The Tribunal has awarded a sum of Rs. 4,26,000/-, as compensation with 4.5% interest. Aggrieved by the award the present Appeal has been filed by the appellant/insurance company. Since the van was insured with the appellant/insurance company the tribunal has fixed liability on the appellant/insurance company.

9. At the time of accident the insurance policy of the Mini-door Van was in existence.

10.The learned counsel appearing for the appellant/insurance company raised an objection that the deceased was travelled as an unauthorised passenger in Goods vehicle. Therefore, the appellant/insurance company is not liable to pay any compensation to the claimants. He further contented that the van is a Goods vehicle. As per the averments in the claim petition the deceased travelled as owner of goods (rPh;tupir nghUl;fs;

Vw;wpf;nfhzL; ) for ceremony of her gra