Abdul Quddhose, J. - (1.) The instant appeal has been filed by the claimant challenging the Award dated 31.01.2007 passed by the Motor Accident Claims Tribunal (Principal District Court, Erode) in M.C.O.P. No.282 of 2005. Under the impugned Award, the third respondent/insurance company has been exonerated of its liability. The appellants have questioned the exoneration of liability of the third respondent insurance company in this instant appeal.
(2.) The brief facts leading to the filing of the instant appeal are as follows. (i) One Duraisamy died on 17.06.2003, as a result of an accident caused by Tempo van bearing Registration No.TN-74-C-2163 owned by the second respondent and insured with the third respondent insurance company. The dependents of the deceased preferred a claim before the Motor Accident Claims Tribunal in M.C.O.P. No.282 of 2005 seeking a compensation of Rs.5,00,000/- for the death of Duraisamy as a result of the accident caused by the Tempo van owned by the second respondent and insured with the third respondent. (ii) The Motor Accident Claims Tribunal, by its award dated 31.01.2007 in MCOP No.282 of 2005 directed the first and second respondent viz., the driver and owner of the vehicle to pay the appellants a sum of Rs.2,85,000/- together with interest at 7.5% per annum from the date of claim till date of realisation. (iii) Under the impugned award dated 31.01.2007 in M.C.O.P. No.282 of 2005, the Tribunal has exonerated the liability of the third respondent/insurance company. (iv) The case of the appellants before the Tribunal was that the deceased Duraisamy was a cleaner employed by the second respondent for the Tempo van which met with an accident resulting in the death of Duraisamy. The Tribunal has rejected the said contention and exonerated the insurance company from its liability on account of the policy violations committed by the second respondent who has allowed the deceased to accompany the driver in the van as a gratuitous passenger. (v) Aggrieved by the finding of the Tribunal exonerating the insurance company's liability, the instant appeal has been filed by the appellants/ claimants.
(3.) Heard Mr.N.Manokaran, learned counsel for the appellant and Mr.J.Chandran, learned counsel for the 3rd respondent.;