NATIONAL INSURANCE COMPANY LTD Vs. CHAMUNDESWARI

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is filed by National Insurance Company Ltd. (3rd Respondent before the High Court), aggrieved by the judgment and order dated 03.08.2018, passed by the High Court of Judicature at Madras in CMA No.1204 of 2018. By the aforesaid order, the High Court has partly allowed the Civil Miscellaneous Appeal filed by the Respondent Nos. 1 and 2, by enhancing compensation to Rs.1,85,08,832/-.

(3.) The 1st Respondent is wife and the 2nd Respondent is minor son of the deceased Mr. Subhash Babu, who died in a road accident on 14.10.2013. The deceased Mr. Subhash Babu, aged about 35 years was working as Manager HR in a Private Limited Company. On the date of accident, he was driving Maruti car bearing No.DL-2C-P-5414 on NH-47 - main road from Perumanallur to Erode. At that time, the Eicher van bearing Registration No.TN-33-AZ-5868 was proceeding in front of the car driven by the deceased. It is the case of the respondents -claimants that all of a sudden, the driver of Eicher van has turned towards right side without giving any signal or indicator. In the said accident, driver of the Maruti car, Mr. Subhash Babu, died and other passengers in the car i.e. 1st Respondent -wife, 2nd Respondent -minor son and sister of the 1st Respondent, suffered injuries.