ROYAL SUNDARAM ALLIANCE INS. CO. LTD. Vs. SANGEETHA

JUDGEMENT

(1.) This appeal is filed by the Insurance Company challenging the Award dtd. 6/8/2019 passed in M.C.O.P.No.93 of 2018 on the file of the Motor Accidents Claims Tribunal (Special District Court for Motor Accident Claims Cases), Krishnagiri.

(2.) The respondents 1 to 4 are the claimants before the Tribunal. They are the wife, two minor children and the mother of the deceased Basuvan. According to the claimants, on 16/6/2016 at about 17 hours, when the deceased was driving the lorry bearing Registration No.TN-29-AR-3213 on Dhule-Surat Highway road, he happened to negotiate a slope region of Kodaiebari Ghat. At that time, an unknown lorry which was proceeding in front of the lorry of the deceased, suddenly moved towards the left side of the road. On seeing the unknown lorry coming on the left side of the road, to avoid the accident, the deceased moved his lorry towards left side. In that process, the lorry toppled on the side of the road, resulting in the deceased sustaining fatal injuries and he died on the spot itself. Hence, the legal heirs of the deceased Baswan have made a claim for a sum of Rs.40.00 lakhs as compensation.

(3.) The Claim Petition filed by the legal heirs of the deceased was resisted by the appellant-Insurance Company by filing counter statement stating that the accident had occurred only due to the sole negligence on the part of the deceased himself and he is not a third party to the insured vehicle. Hence, the Insurance Company is not liable to pay the compensation amount and prayed for dismissal of the Claim Petition.