NATIONAL INSURANCE COMPANY LTD COIMBATORE Vs. KOMALAM

JUDGEMENT

(1.) BEING aggrieved by the order of the Tribunal/Sub Court, Coimbatore in M.C.O.P. No. 1219 of 1996, awarding compensation of Rs. 3,30,000/-, Insurance Company has preferred this appeal.

(2.) BRIEF facts as set out in the claim petition are as follows : Deceased Kannan Kumar was employed in Selzar Electronics as Executive Secretary and he was getting monthly salary of Rs. 5,000/-. On 11.5.1995, deceased Kannan Kumar was travelling as occupant in Tata Estate Car bearing registration no. KL 9B 707 belonging to the fourth respondent Salzer Electronics Ltd. Car was driven by one Babu Gopalakrishnan. At about 11.30 p.m. while the said car was proceeding near Mettupalayam Road near Madras Oil Company, the car was turned upside and rolled all of a sudden. Due to the accident, deceased Kannan Kumar sustained fatal injuries and he became unconscious and was immediately taken to K.R.H. Hospital, from where he was shifted to Ramakrishna Hospital, Coimbatore. The deceased Kannan Kumar succumbed to the injuries. Alleging that the accident was due to rash and negligent driving of the car driver, mother, brother and unmarried sister of the deceased Kannan Kumar have filed Claim Petition claiming compensation of Rs. 8,00,000/-.

(3.) ASSAILING the impugned award, the learned counsel for the Appellant Insurance Company has submitted that the deceased was carried in a private car owned and Insured by the fourth Respondent Employer Group and deceased being under contract of employment, risk to such employee was excluded under Section II of Exhibit R-1 Comprehensive Insurance Policy. It was further submitted that if the employee is not workman under the Workmen Compensation Act the insurer was not liable for the deceased who was carried in the vehicle in the course of employment of fourth Respondent. The learned counsel for the Appellant further argued that in any event, under "Personal Accident Cover" a sum of Rs.2,00,000/- was already paid and the same is to be deducted if the Court comes to the conclusion that compensation is payable to the claimants.