ESWARAN Vs. VELMURUGAN

JUDGEMENT

(1.) The Appeal is preferred by the vehicle owner aggrieved by the dismissal of his claim petition filed for the damages caused to the vehicle during the accident involving multiple vehicles.

(2.) The case of the Appellant is that, on 26/09/2008 at about 8.15 a.m, when his lorry bearing registration No.TAN 3496 proceeding from Thiruchur to Namakkal, near Vaniyamparai Iron Bridge, Panajcherri Village, Thiruchur District Beechi Police Station Limit, a lorry bearing registration No.TN-37-AQ-1641 came from behind rashly and hit his lorry proceeding ahead. Due to the impact, the driver of the lorry lost his control and hit the nearby tree standing on the northern side of the road. In the said accident, the lorry of the claimant got damaged extensively on the front and rear side. Alleging negligence on the lorry (TN-37- AQ-1641) driver who hit his lorry (TAN 3496), claim petition filed for compensation of Rs.10 lakhs, which includes expenses incurred to repair the vehicle and loss of income during the repair period. The claim petition was filed against the owner of the lorry bearing registration No.TN-37-AQ-1641 and its insurer.

(3.) The Insurance Company filed counter stating that, the claim petition is bad for non-joinder of necessary party namely the insurer of the claimant's lorry. For own damage, the insurer of the vehicle which got damaged in the accident is responsible to indemnify the loss of the insured. Even otherwise for contributory negligence to apportion the loss, they are necessary parties. Further, the damages claimed is excessive and disproportionate.