UNITED INDIA INSURANCE COMPANY LIMITED Vs. MANICKAM

JUDGEMENT

(1.) Heard the Learned Counsel for the Appellant and the Learned Counsel for the respondents.

(2.) This Appeal is preferred by the Insurance Company challenging the liability as well as quantum awarded by the Tribunal, in the claim petition filed by the respondents 1 to 4 herein.

(3.) The relevant facts of the case is that, on 26.06.2005, at about 10.00P.M, while Thiru.Raji and others returning in a lorry loaded with jelly bearing registration No.M.S.V.2972. The vehicle capsized, due to rash and negligently of the lorry driver. The jelly loaded in the lorry fell on the passengers who were travelling on the road, in which, Thiru.Raji died out of suffocation and others sustained injury. Alleging that, the accident occurred due to the negligence of lorry driver, a claim petition for Rs.7,00,000/- was laid by the dependants of the deceased Raji against the lorry driver, owner of the lorry and the Insurance Company.