
Summary: The Madurai Bench of the Madras High Court, led by Judge R. Poornima, dismissed a challenge by the National Insurance Company. The company was disputing a compensation claim after a truck accident involving goats and people.
On January 1, 2003, Govindharaj and two others went to buy goats in Muthupettai. They were returning with 14 goats in a small truck when the driver tried to overtake a parked truck. The small truck tipped over, causing serious injuries to Govindharaj, including broken bones in his shoulder, leg, and wrist. The police charged the driver with careless driving.
The National Insurance Company argued they shouldn't have to pay because Govindharaj wasn't supposed to be in the truck. They said the truck was carrying too much weight, breaking the rules of the insurance policy. The company appealed against the decision that said they had to pay Rs. 48,500 for damages.
Judge R. Poornima agreed with the original decision. The court found that the insurance policy was valid, and Govindharaj was allowed to be in the truck since the goats were his. The court confirmed that the insurance company must pay the compensation.
"The insurance company is responsible for paying the compensation," the court stated, confirming there was no breaking of the policy rules.
The appeal was turned down, and the insurance company was told to pay the compensation amount within eight weeks. The court allowed Govindharaj to take out the full amount, minus any already taken out.