BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED Vs. SATHYANARAYANAN

JUDGEMENT

(1.) Heard the learned counsel for the appellant and the respondents.

(2.) The appeal is filed by the Insurance Company/fifth respondent in the claim petition alleging that there is contributory negligence on the driver of the car as well as lorry driver in the said accident. However, the Tribunal has fixed the entire negligence on the part of the car driver and responsibility to indemnify the claimants by the insurer of the Santro car. Besides responsibility, the quantum awarded by the Tribunal is also under challenge in this claim petition.

(3.) From the evidence, this Court finds that on 03.05.2009, at about 07.30 a.m., when the family members of the deceased Pranav Kumar aged about 13 years were proceeding from Trichy to Hosur in a Hyundai Santro Car bearing Registration No. KA30-M-8008 owned by one Raghavendra and driven by him hit the lorry bearing Registration No.TN23-AD-3444 insured under the Oriental Insurance Company. The Santro car has dashed against the lorry from behind, in which, the minor boy Pranav Kumar aged 13 died. The owner cum driver also died in the said accident. Alleging that the accident occurred due to the negligence of both the lorry driver as well as the car driver, the claim petition was filed seeking Rs.10,00,000/- as compensation for the death of 13 years old boy.