UNITED INDIA INSURANCE COMPANY LIMITED, UDUMALPET Vs. N. THANGAVEL
HIGH COURT OF MADRAS
United India Insurance Company Limited, Udumalpet
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(1.) This Appeal is filed by the Insurance Company aggrieved by the award passed by the Tribunal directing the Insurance Company to pay the award amount of Rs.6,73,000/- to the claimants and recover the same from the vehicle owner.
(2.) The facts of the case is that, Kalimuthu, aged about 22 years at the time of accident was working as Supervisor in Hudson Milk Diary Farm and earning Rs.15,000/- per month. He along with his friends went to Kodaikanal in a Tata Sumo car bearing registration No.TN-59-H-9270, owned by the 2 nd respondent. The 1 st respondent was the driver of the Tata sumo. Near 13/14 Hairpin bend, the driver of the Tata sumo when he applied sudden brake to avoid the upcoming vehicle, lost the control of the vehicle and turned turtle. Mr.Kalimuthu, who was one of the occupants in the Tata sumo got crushed and died on the spot. Attributing negligence on the Tata sumo driver, claim petition for Rs.15,00,000/- has been filed by the parents of the deceased Kalimuthu against the driver, owner and the insurer.
(3.) The Insurance Company, in the counter contended that the car driver had no valid driving license. Hence, there is a violation of policy terms. The insurance coverage is only for the third party and one employee. No extra premium paid for the occupants. Therefore, the Insurance Company is not liable to pay compensation.;
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