UNITED INDIA INSURANCE CO. LTD Vs. MUNUSAMY

JUDGEMENT

(1.) This Appeal has been taken up for hearing through Video conferencing] Civil Miscellaneous Appeal No.1907 of 2013 has been filed by the Insurance Company and Cross Objection No.31 of 2020 has been filed by the claimants. The Appellant as well as the cross objectors have challenged the award dated 29.10.2012 passed by the Motor Accidents Claims Tribunal, (XVIII Additional District and Sessions Judge), Chennai, in MACTOP.No.4200 of 2010. The insurance company has challenged the quantum of compensation assessed by the Tribunal and the claimants have sought for enhancement.

(2.) A person by name Thiruvenkadam, died on 24.10.2010, as a result of an accident caused by the lorry bearing Registration No.TSE 9977, owned by one Loganayagi, who is the fourth respondent in CMA.No.1907 of 2013 and second respondent in Cross Objection No.31 of 2020 and the said vehicle is insured with the Appellant- insurance company.

(3.) The accident happened when Thiruvenkadam was standing at Solaiamman Koil Street, in front of door No.91 B, Kodungaiyur, Chennai, at that time, a lorry bearing Registration No.TSE 9977 was suddenly taken reverse in a rash and negligent manner at high speed and hit the deceased Thiruvenkadam. As a result of the impact, he was thrown out and the lorry ran over the deceased and on the way to the hospital, he died.