BRANCH MANAGER Vs. ALLI

JUDGEMENT

(1.) The Royal Sundaram Alliance Insurance Company Limited is the appellant. Challenging the award, dated 25.09.2014 made in M.C.O.P.No.384 of 2011 on the file of the Motor Accident Claims Tribunal (Sub-Court), Kulithalai, the present Civil Miscellaneous Appeal, is filed.

(2.) In the said M.C.O.P, the claimants, who are the respondents 1 to 4 herein, have made the claim as compensation for the death of one Sakthivel, who died in the accident that occurred on 28.03.2011. The respondents 1 to 4 are the wife, children and mother of the deceased.

(3.) The brief facts relevant for the consideration of the above case are that on 28.03.2011, when the deceased-Sakthivel was riding his two wheeler bearing Registration No.TN 39 K 2152, on the extreme left side of the road from Perambalur to Duraiyur, from east to west, near Krishna Petrol Bunk, Thuraiyur, a Taurus Lorry bearing Registration No.TN 25 V 1314, belonged to the fifth respondent and insured with the appellant/Insurance Company was parked in the above mentioned road without any indicating lights in the back side of the lorry and making any signal and caution. Hence, the deceased Sakthivel dashed behind the Taurus Lorry and was thrown away and sustained multiple injuries. He was immediately taken to the Government Hospital, Thuraiyur for treatment, where first aid was given, then he was taken to KMC Hospital, Trichy and treatment was given till his death on 02.04.2011. In this regard, F.I.R was registered against the Driver of the Taurus Lorry in Crime No.145 of 2011 under Sections 279, 337 and 304(A) of I.P.C on the file of Thuraiyur Police Station. The respondents 1 to 4/claimants, as legal heirs of the deceased, has filed the claim petition claiming a compensation of Rs.40,00,000/-.