UNITED INDIA INSURANCE COMPANY LIMITED RANIPET Vs. VASANTHA

JUDGEMENT

(1.) Being aggrieved by the award of compensation of Rs.40,00,000/- in MCOP.No.207 of 2004 on the file of Fast Track Court No.II, Ranipet for the death of Gopinath in the road traffic accident on 25.05.2001, the Insurer of the lorry bearing registration No. TN-58 C 4719 has come forward with this Appeal.

(2.) Brief facts are that on 25.05.2001 at 11.15 A.M. in Madras-Trichy Main Road, Perambalur District near Padalur deceased Gopinath was proceeding in the car bearing registration No.TMK 7022 from Walajapet to Trichy in his car. While the car was stopped near petrol bunk due to traffic jam and at that time the lorry bearing registration No.TN-58-C 4719 driven by its driver in a rash and negligent manner came behind dashed against the car. Due to the impact, deceased Gopinath sustained severe head injuries and died on the spot. At the time of accident, deceased was aged 50 years and he was running Sakthi Radiographic Inspection Company undertaking inspection of Radiographic and earning Rs.65,000/- per month. Alleging that the accident was due to rash and negligent driving of the lorry bearing registration No.TN-58-C 4719, the Claimants who are wife and children of the deceased Gopinath have filed the Claim Petition claiming compensation of Rs.75,00,000/-.

(3.) Insurer of the lorry resisted the Claim Petition contending that the accident took place due to negligent driving of the car by its owner cum driver who had suddenly stopped the car at a high speed on the National Highways without giving prior signal or gesture. The driver of the car wherein the deceased was travelling suddenly stopped his car without giving any warning or signal to the on coming vehicles from its back, deceased Gopinath himself has invited the accident for which neither the lorry bearing registration No. TN-58-C 4719 nor the Appellant-Insurance Company is responsible in any manner and therefore, the Appellant-Insurance Company is not liable to pay any compensation.