- (1.) These two appeals have been filed by two different Insurance Companies challenging the award passed in a single claim petition. Hence, we will dispose of these two appeals by a single judgment.
(2.) Smt. Sarojini and Smt. Lakshmi Ammal, widow and mother of deceased Periyaswamy filed a claim petition before the Motor Accident Claims Tribunal (Sub-Judge), Ariyalur, in M.CO.P. No. 92 of 1984 claiming a total compensation of Rs. 2,00,000/-. Briefly stated, the circumstances giving rise to this claim petition are as follows : On 24-11-1983 at about 5.30 A.M., the deceased Periyasamy was travelling to Madras in a lorry T.N.A. 2979 with a load of plantain to be sold in Madras. The said lorry was insured with the New India Assurance Company Limited. The lorry driver was driving the vehicle in a rash and negligent manner. At that time, another lorry bearing registration No. T.M.M. 5774, insured with New India Insurance Company Limited, was coming from the opposite direction in a rash and negligent manner and dashed against the lorry, in which deceased was travelling, at Chinnarasu near Mangalamadu on the Trichy to Madras Trunk Roa Both the lorries capsized and deceased Periyasamy sustained grievous injuries both on the chest and abdomen, and ultimately he succumbed to the injuries in the Government Head Quarters Hospital, Trichy. The accident was due to the negligence of both the drivers of the vehicles. Claimants further submitted that Periasamy was a wholesale dealer in plantain and used to sell them at Madras, Madurai, Bangalore and other places and he was also dealing with the vegetables business and deriving a monthly income of Rs. 2,500/- and was contributing the entire amount to the family. He was aged about 32 years, married to first claimant, three years earlier to the accident. Respondents 3 and 4 are liable to pay compensation since they are the insurers of the two vehicles
(3.) Both the insurance companies filed their counter statements denying their liabilities They disputed the manner of accident and also contended that the amount claimed was excessive. In addition to these grounds, fourth respondent, the New India Assurance Company Limited, took up the contention that deceased Periasamy was in any event a gratuitous passenger in the lorry and hence, the said insurance company was not liable to pay any compensation as per the terms and conditions of the policy, since there is a isolation of the policy conditions.;