ICICI LOMBARD GENERAL INSURANCE CO. LTD Vs. ALAGESAN

JUDGEMENT

(1.) The matter is heard through "Video Conferencing". This Civil Miscellaneous Appeal has been filed by the appellantInsurance Company against the judgment and decree dated 30.01.2012, made in M.C.O.P. No.1 of 2011, on the file of the Principal District and Sessions Court, (Motor Accident Claims Tribunal), Ariyalur.

(2.) The appellant is the 2 nd respondent in M.C.O.P. No.1 of 2011, on the file of the Principal District and Sessions Court, (Motor Accident Claims Tribunal), Ariyalur. The respondents 1 and 2/claimants filed the said claim petition, claiming a sum of Rs.6,00,000/- as compensation for the death of one Arivazhagan, who died in the accident that took place on 27.01.2008.

(3.) According to the respondents 1 and 2, on the date of accident, when the deceased was walking along North-South road near Arul Oil Mill, Kodukur, the driver of the Tractor bearing Registration No.TN-46-E-4039 attached with Trailers bearing Registration No.TN-46-C-4005 and TN-31-S5653, belonging to the 3 rd respondent drove the same in a rash and negligent manner and dashed against the deceased and caused the accident. In the accident, the deceased succumbed to fatal injuries. The accident occurred due to rash and negligent driving by the driver of the Tractor-Trailers belonging to the 3 rd respondent and hence, the respondents 1 and 2 filed the claim petition claiming compensation against the appellant as insurer and 3 rd respondent as owner of the said vehicle.