NEW INDIA ASSURANCE COMPANY LTD Vs. JAYANTHI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellant/New India Assurance Company Limited, as against the judgment and decree dated 08.02.2011 passed by the learned IV Judge, Small Causes Court, Chennai, in M.C.O.P.No.2565 of 2006.

(2.) The respondents 1 to 4, who are the claimants 1 to 4 filed a claim petition before the Tribunal claiming compensation of Rs.50,00,000/- for the death of one Mr.R.Muthuraju in a road accident which occurred on 20.09.2005.

(3.) Briefly the case of the claimants is that on 20.09.2005 at about 10.00 a.m., while the deceased R.Muthuraju was going on his motorcycle bearing Registration No.TN-57-F-2319 at Ramavaram main road, near Srinivasa Engineering, Chennai, proceeding towards Nesapakkam, a Lorry bearing Registration No.TN-21-Z-0001, belonging to the fifth respondent herein/first respondent in the above said O.P., was driven by its driver in a rash and negligent manner in the opposite direction at a great high speed and came into a wrong side of the road and dashed against the motorcycle of the deceased, as a result of which, the deceased was died on the spot. The deceased was aged about 37 years old and he was working as a Manager in HMS Medical Systems, K.K.Nagar, Chennai, and earned a sum of Rs.25,000/- per month and the claimants are the legal heirs of the deceased and therefore, they claimed compensation of Rs.50,00,000/- from fifth respondent and the appellant herein, who are owner and insurer of the Lorry.