NATIONAL INSURANCE CO LTD Vs. K LAKSHMI

JUDGEMENT

(1.) In respect of the death of one Vedula Lakshmi Narayana Sastry alias V.L.N. Sastry in a motor accident on 5.9.2003 involving a lorry bearing registration No. TNM 2737 belonging to the respondent No. 4 and insured with the appellant herein and a car bearing registration No. TN 01-W (T) 172 belonging to the respondent No. 5 and insured with the respondent No. 6 herein, the respondent Nos. 1 to 3 in the above appeal preferred a claim petition in M.A.C.T.O.P. No. 887 of 2005 before Motor Accidents Claims Tribunal (Chief Judge, Court of Small Causes, Chennai) claiming a total compensation of Rs. 25,00,000.

(2.) The Tribunal, on the basis of the evidence adduced before it, came to the conclusion that accident had occurred only due to rash and negligent driving of the lorry by its driver and accordingly held that the respondent No. 4, who is the owner of the lorry, is liable to pay the compensation and being the insurer of the lorry, the appellant is liable to indemnify the respondent No. 4. The Tribunal, taking into consideration the evidence on record, passed an award for a total compensation of Rs. 21,95,000,

(3.) Being aggrieved by that, the appellant insurer has filed the above appeal.