UNITED INDIA INSURANCE CO LTD Vs. RAJA

JUDGEMENT

(1.) This Appeal is preferred by the Insurance Company aggrieved by the award passed by the Tribunal in O.P.No.674 of 2008 dated 23.12.2011.

(2.) The short point 'whether the Insurance Company is liable to pay and recover the compensation awarded to the victim who travelled in a goods vehicle, contrary to the licence policy' is the points for consideration in this appeal.

(3.) On 28.03.2008, at about 6.00 pm, a Tempo Truck open model goods vehicle capsized near Munianthangal Junction on the Vellore to Polur Main road. Eight persons travelling in that goods vehicle were injured and one died on the way to hospital. F.I.R., was registered based on the complaint given by one Chitra W/o.Markku who was one among the passengers travelled in the Tempo Truck and also sustained injury. As per the F.I.R., the informant Chitra along with seven others were employed as Coolies in a construction Site and they were returning home in the Tempo Truck bearing Registration No.TN 25 H 8024, owned by one Balan. At about 6.30 pm on 28.03.2008, near Munianthangal Junction on the Vellore to Polur Main road, the Driver of the goods vehicle lost his control and capsized on the right side of the road. In the said accident, she sustained injury on her nose; Shanthi w/o Padavetan sustained injury on her forehead; Arpudham w/o Pichandi sustained injury on her shoulders; Ragini w/o Selvam lost her teeth and sustained injury on her forehead Panchavarnam w/o Masilamani sustained injury on her right eye brow. Sumathi w/o Prakash escaped un-injured. Selvi w/o Raja sustained severe injury all over the body. All the injured persons were taken to CMC hospital, Vellore for treatment. Selvi w/o Raja died on the way to hospital and she was declared dead.