ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LTD. Vs. MUTHUKANNU

JUDGEMENT

(1.) The Insurance Company is the appellant. Challenging the award dated 10.09.2015 made in M.C.O.P.No.5084 of 2013 on the file of the Motor Vehicles Accident Claims Tribunal(Special District Judge), Trichirappalli, the present Civil Miscellaneous Appeal is filed.

(2.) The claimants, who are the respondents have made the claim as compensation for the death of one late.Mariappan, who died in the accident that occurred on 30.06.2013. The first respondent and the fourth respondent are the first and second wife of the deceased Mariappan. The respondent Nos.2, 3, 5, 6 and 7 are the children and respondent Nos.8 and 9 are the parents of the deceased.

(3.) The deceased was employed as a Foreman in Tamil Nadu Electricity Board, Mannarpuram, Trichirappalli District. On the date of accident, when the deceased was riding his two-wheeler, a Tipper Lorry bearing Registration No.47 AX 8777, hit him behind and caused the accident resulting in his death. The compensation claimed by the claimants was Rs.75,00,000/-. The owner of the lorry, who is arrayed as tenth respondent in this appeal remained ex-parte. The appellant / Insurance Company had taken permission under Section 170 of the Motor Vehicles Act, 1988, to contest the case on all the grounds that are available to the owner without prejudice to their rights to contest the claim under Section 149(2) of the Motor Vehicles Act, 1988.