- (1.) This Civil Miscellaneous Appeal is filed by the claimant against the Judgement and Decree dated 4.2.2004 made in MCOP.No.850/2002 by the learned Additional District Judge (MACT) Tirupattur.
(2.) A motor accident occurred on 28.5.1996 at 11.00 p.m. on the Tirupattur-Dharmapuri Main Road near Su.Pallilpattu Railway Gate in which the claimant sustained injuries and the claimant was travelling as a coolie for loading and unloading the goods in the mini lorry bearing Reg.No.TN-23-Y-4849 belonging to the 1st Respondent, which was driven by its driver in a rash and negligent manner towards Tirupattur hit against the tamarind tree. Due to the said impact, the claimant and others who travelled in the mini lorry sustained grievous multiple injuries and one of them received fatal injuries. According to the claimant, he was travelling in the said mini lorry as a loadman/coolie and the accident occurred while returning back after having unloaded the woods at their point of destination, near Su.Pallipattu Railway Gate, the driver of the lorry drove the lorry at a high speed and dashed against a tamarind tree on the right of the main road, thereby causing injuries to the claimant and others. The claimant claimed a sum of Rs.5,00,000/- as total compensation under various heads. The owner of the offending vehicle though entered appearance, but did not file any counter and thereafter, remained exparte.
(3.) The insurer, the 2nd Respondent herein had filed a counter denying the allegations of negligence raised against the driver and stated that while the lorry was returning empty from Dharmapuri, more than twenty persons including the claimant had stopped the lorry in the mid way and got into it to go to Tirupattur. It denied the liability contending that even though the vehicle was insured by the 1st Respondent, it has no liability to indemnify the risk of the claimant, since he was a gratuitous passenger travelling in the offending goods vehicle. The Tribunal, on considering the evidence, held that the claimant was an unauthorised passenger and as such, the 2nd Respondent is not liable to pay any compensation and dismissed the petition as against the 2nd Respondent. However, it directed the 1st Respondent to pay a sum of Rs.15,000/- along with interest at the rate of 6 per cent p.a. from the date of the claim petition till the date of realization. Aggrieved against the said award, this Civil Miscellaneous Appeal has been filed by the claimant.;