DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LIMITED Vs. SUBBAMMAL @ SUBBULAKSHMI, ANITHA; ANANJI PILLAI AND MARIAPPAN

JUDGEMENT

(1.) The appellant is the Insurance Company. The fourth respondent is the owner of the lorry that was insured with the appellant. One Mr. Velmurugan was the pillion rider in the two-wheeler that was ridden by one Mr. Gnanadurai. The lorry owned by the fourth respondent involved in an accident with the two wheeler on 04.12.2004 and both the rider and pillion rider of the two-wheeler died due to the accident. The legal heirs of Mr. Velmurugan, namely, wife, daughter and mother, filed M.C.O.P. No. 9 of 2005, before the Motor Accident Claims Tribunal, Additional District and Sessions Judge, Fast Track Court No. II, Tuticorin, claiming Rs. 17 lakhs as compensation. The Tribunal awarded a sum of Rs. 3,84,000/- as compensation with 7.5% interest and costs as hereunder: -------------------------------------------------------------------------------- S. No. Description Amount in Rs. -------------------------------------------------------------------------------- 1 for loss of dependency Rs.3,60,000/- 2. for loss of love and affection Rs. 05,000/- 3. for transport charges Rs. 2,000/- 4. for funeral expenses Rs. 2,000/- -------------------------------------------------------------------------------- total Rs.3,84,000/- --------------------------------------------------------------------------------

(2.) Heard the learned Counsel appearing on either side.

(3.) The learned Counsel for the appellant submits that the accident was solely due to the rider of the two-wheeler and the lorry driver would not be held responsible for the accident. It is submitted that while the case of the claimants is that the lorry came in a reverse direction without noticing the vehicles coming behind it and hit the two wheeler causing the accident and the death of both the rider and pillion rider, the case before the Criminal Court is that the lorry was parked on the road in a negligent manner without parking light and that caused the accident and death.