Insurance companies are liable for compensation claims if additional premiums are paid for workers injured during load-related duties, even if the seating capacity is exceeded.

JUDGMENT

(Made by S.Manikumar,J)

In the accident, which occurred on 27.05.210 between a Eicher lorry bearing Registration No.TN-27 P-8070 and another lorry bearing Registration No.RJ-14 GB-1312, Raja stated to be aged 20 years, a load man, sustained injuries. Another person aged about 26 years, cleaner-cum-load man in Eicher Lorry also sustained injuries. Both of them were provided first aid in Sri Vinayaga Mission Hospital and shifted to Ganga Medical Centre & Hospital, Coimbatore. In this regard, a case in Crime No.346/2010 under Sections 279 and 338 IPC has been registered against the driver of the eicher lorry bearing Registration No.TN-27 P-8070, insured with National Insurance Company Ltd., Salem/appellant herein. Despite treatment, Raja's right leg below knee was amputated. Injured D.Kumar's left limb was amputated below knee and again there was another amputation above knee.

2. For the loss of earning during the period of treatment, medical expenses incurred, loss of future earning, expenses incurred for purchase of artificial limb and other heads, Raja filed MCOP No.2130/2010 claiming a compensation of Rs.50,00,000/-. Similarly, injured D.Kumar, filed MCOP No.2131/2010 claiming compensation of Rs.50,00,000/-. As both the claim petitions arose out of the same accident, evidence being same, they were tried together.

3. To prove the manner of accident, injuries sustained, treatment and disability resulting in loss of earning and future expenses that may be incurred, both the injured examined themselves as PW1 and PW2 respectively. PW3 is the doctor, who clinically examined the injured and issued disability certificates, Ex.X1 for Kumar and Ex.X4 for Raja respectively. PW4 is a staff of Ottobock Company, a specialised manufacturer of artificial limb. Both the injured have marked Ex.P1-copy of FIR in Crime No.346/2010 registered on the file of Kondalampatty Police Station, Ex.P2-Copy of wound certificate for Kumar, Ex.P3-Discharge summary of Kumar, Ex.P4-copy of judgment in C.C.No.405/2010, Ex.P5-photographs with negatives for Kumar, Ex.P6-Bill for artificial leg for Kumar, Ex.P7-Medical Bills of Kumar, Ex.P8-Medical Prescriptions of Kumar, Ex.P9-quotation for artificial boot for Kumar, Ex.P10-wound certificate issued to Raja, Ex.P11-Discharge summary of Raja, Ex.P12-letter sent to Ganga Hospital, Ex.P13-photographs with negatives for Raja, Ex.P14-VAO certificate, Ex.P15-Purchase bill for artificial boot for Raja, Ex.P16 - Medical Bills of Raja, Ex.P17-Medical Prescriptions of Raja, Ex.P18-Copy of G.O.(2D) No.64, Ex.X1- Disability certificate issued to Kumar, Ex.X2-Xray of Kumar, Ex.X3-X-ray receipt of Kumar, Ex.X4-Disability Certificate issued to Raja, Ex.X5-X-ray of Raja and Ex.X6 - X-ray receipt of Raja.

4. National Insurance Company, Salem, opposed the claim denying the negligence attributed to the driver of Eicher lorry bearing Registration No.TN-27 P-8070, insured with them. They further contended that the injured were unauthorised passengers and therefore, company is not liable to pay compensation. Without prejudice to the above, they disputed the nature of injuries and the compensation claimed under various heads.

5. National Insurance Company, Salem examined RW1-driver of Eicher Lorry. RW2 official of the company, has deposed that the seating capacity of a lorry i.e. 3 in cabin. National Insurance Company has marked Ex.R1-driving licence of Kasi, driver of Eichery lorry bearing Registration No.TN-27 P-8070. Ex.R2 is the copy of the insurance policy.

6. On evaluation of pleadings and evidence, in particular, Ex.P4-judgment copy in STC No