UNITED INDIA INSURANCE COMPANY LIMITED Vs. SINGARAM

JUDGEMENT

(1.) These Civil Miscellaneous Appeal and Cross objection are filed by the United India Insurance Company Limited, Villupuram and the claimants respectively, against the Judgement and Decree dated 25.08.2006 made in MCOP.No.799/2004 by the learned Principal District Judge (MACT) Villupuram.

(2.) The brief facts are that on 16.9.2004 at about 12.20 p.m. the driver of the offending lorry hit against the rear side of the lorry, which was stationed on account of some repair on the left side of the road and due to the said impact, the deceased Iyappan sustained serious head injuries and died on the spot. The claimants, who are the parents and minor sisters of the deceased, filed a claim petition before the Tribunal under Section 166 of the Motor Vehicles Act claiming a sum of Rs.5 lakhs as total compensation.

(3.) According to the claimants, the deceased was travelling in the offending lorry as a cleaner and earning Rs.5000/- per month and the entire family was depending on the income of the deceased. The Insurance Company denied that the deceased was a cleaner in the lorry and contended that he was an unauthorised passenger in the goods vehicle. It is further contended that the lorry was parked unauthorisedly in the National Highway without putting indicators or any signal.