BRANCH MANAGER Vs. SAJEETHA

JUDGEMENT

(1.) This Appeal has been filed challenging the Award dated 27.09.2011 passed by the Motor Accident Claims Tribunal (Additional District Court, Krishnagiri) in MCOP.No.1215 of 2008. Brief facts leading to the filing of this Appeal:

(2.) A person by name Yusuf died on 19.02.2008 as a result of an accident which took place on 18.02.2008 caused by an Eicher lorry bearing registration No.TN31 H 1361 owned by the eight respondent and insured with the tenth respondent. The respondents 1 to 7 are his legal representatives and his dependents. They preferred a claim before the Motor Accident Claims Tribunal Additional District Court, Krishnagiri seeking compensation for the death of yusuf against the owners and insurance companies of the vehicles bearing registration No. TN31-H-6972 and TN25-V-1361. It is the case of the claimants that both the vehicles were at fault and therefore, the owner and the insurance company of the respective vehicles are jointly and severally to pay the compensation amount for the death of yusuf as a result of the accident. The Motor Accident claims Tribunal under the impugned Award dated 27.09.2011 passed in MCOP.No.1215 of 2008 directed the Appellant Insurance company who is the insurer for the vehicle bearing registration No.TN31 H 6972 as well as its owner and also the owner and the insurance company for the vehicle bearing registration No.TN25-V-1361 to pay the compensation amount of Rs.7,91,000/- together with interest and costs as determined in the impugned award. Under the impugned award, the Tribunal fixed the contributory negligence on the Appellant insurance company at 20% and contributory negligence of the ninth respondent insurance company namely Reliance General Insurance Co. Ltd. at 80% and were directed to pay the proportionated sum out of the total compensation of Rs.7,91,000/- together with interest and costs to the claimants.

(3.) Aggrieved by the same, the insurance company for the vehicle bearing registration No.TN31-H-6972 has preferred this appeal.