The Insurance company is the appellant challenging the Award of Rs.12,000/- awarded in the case of injury, claiming to be as excessive and exorbitant.
2 . The learned counsel for the appellant contended that the accident was solely due to the negligent act of the petitioner and the insurance company is not liable to pay compensation. It is further stated that since the injured person travelled as a passenger in the Goods Vehicle, which is prohibited under law, the owner of the vehicle is liable, since it is the violation of the policy condition. Though the insurance company has contended that there is a violation in the insurance policy, despite granting opportunity several times, the insurance policy was not produced by the appellant. The Tribunal has specifically stated that the fact that there was no premium paid for the coolies accompanying the goods, has not been proved by the Insurance Company either by oral or documentary evidence. Mere statement that the Insurance Company is not liable as the policy conditions are violated is unacceptable, in the absence of any evidence. Hence the liability of the Insurance Company cannot be exonerated.
3 . In the result, this Civil Miscellaneous Appeal is dismissed by confirming the Award passed in M.C.O.P.No.15 of 2011 dated 29.02.2012 on the file of Additional District Court (Fast Track), Thirupathur. The appellant, Insurance company is directed to deposit the Award amount along with interest into the credit of M.C.O.P.No.15 of 2011 within a period of four weeks from the date of receipt of a copy of this order, if not deposited already. On such deposit, the claimant is entitled to withdraw the same forthwith. Consequently, connected miscellaneous petition is closed. No costs. 23.03.2017 mst Index:Yes/No Internet:Yes/No To 1 . Additional District Judge, Motor Accident Claims Tribunal, Additional District Court (Fast Track Court) Thirupathur, Vellore District.
2. The Branch Manager, M/s United India Insurance Co, Ltd.
Vellore.
PUSHPA SATHYANARAYANA,J mst CMA.No.536/2015 23.03.2017 http://www.judis.nic.in