M.THANIKACHALAM, J. - (1.) The 2nd opposite party in CC.No.78/2001 and 80/2001 and the only opposite party in CC.No.79/2001, on the file of District Forum, Srivilliputhur, are the appellants, in F.A.No.479/2010, 481/2010 and 480/2010 respectively.
(2.) The parties are referred as arrayed in the complaint. The first opposite party, by name R. Srinivasan, who is not the opposite party in CC.No.79/2001, was the owner of a car, bearing Regn.No.TN67 B1998, which was insured with the United India Insurance Company, the appellants, for the period covering 23.11.1998 to 22.11.99, including personal accident claim, as well as covering the life of the driver also. During the pendency of the coverage, the vehicle, when driven by one Srinivasan, who was having learners license, met with an accident, by hitting a lorry bearing No.KL 13/L 2264, in which two of the occupants viz. Dhanammal (CC.78/2001) and Rajalakshmi (CC.79/2001), as well as the driver of the vehicle (CC.No.80/2001) died.
(3.) On the basis of the accident, FIR was given against the offending vehicle, and the driver had admitted the guilt before the Judicial Magistrate. Under the policy, the 2nd opposite party/ insurance company is liable to compensate the legal heirs of the occupants, as well as the driver, who died and when claims were made, repudiated on the grounds that this vehicle was driven by R.Srinivasan, who had no valid license, thereby offended the terms and conditions of the policy, and in view of the same they are not liable to compensate, for the death of the person, thereby the insurance company has committed negligence, as well as deficiency in service, causing mental agony also. Thus alleging, as said above, independent claims were made by the legal heirs of the deceased, in the same accident, claiming personal accident, claim of RS.1 lakh alongwith compensation of Rs.1 lakh, including for mental agony and cost.;