NEW INDIA ASSURANCE CO LTD Vs. UNNMALAI

JUDGEMENT

(1.) Aggrieved by the award dated 31.3.2008 made in M.A.C.T.O.P. No. 83 of 2006 on the file of the Motor Accidents Claims Tribunal (Subordinate Judge), Arni, the appellant insurance company has preferred this appeal. Heard Mr. M. Krishnamoorthy, the learned counsel appearing for the appellant, and Mr. P. Satheesh Kumar, learned counsel for the respondents.

(2.) In an accident which occurred on 30.8.2005, son of the respondent Nos. 1 and 2, aged 20 years, died. The respondent Nos. 3 and 4 are the brother and sister of the deceased. They claimed compensation of Rs. 7,00,000.

(3.) The appellant insurance company resisted the claim petition on the ground that the deceased was not a cleaner in the lorry and, therefore, the appellant is not liable to pay compensation. It was also contended that if the deceased was actually electrocuted as pleaded, the driver of the lorry, sitting in the cabin, would also have felt the shock. They disputed the manner of accident, the age and income of the deceased.