THE UNITED INDIA INSURANCE CO. LTD. REP. BY ITS NAGERCOIL BRANCH OFFICE AT ASSISI COMPLEX, XAVIER BUILDING, PWD. OFFICE ROAD, NAGERCOIL, NAGERCOIL VILLAGE AGASTEESWARAM TALUK KANYAKUMARI DISTRICT Vs. MRS.S. JAYA SURIYA AND T. MANIKANDAN

JUDGEMENT

(1.) THE insurer questions the determination of negligence made by the Tribunal, consequently, the award. On 03.01.2007, at about 4 p.m., in the National High way, in between Tirunelveli and Nagercoil, there was a road accident. In this, some of the occupants of a Maruti car died. Of course, one of them had providential escape, however, with multiple grievous injuries. She is the claimant in M.C.O.P. No. 212 of 2007. She was totally awarded Rs. 6,19,742/ - by the Tribunal. She is the first respondent in this appeal.

(2.) LEARNED counsel for the appellant would contend that since the Maruti car came driven on the wrong side, it hit against the insured mini lorry, thus, the road accident. The learned counsel for the appellant referred to the sketch map and would contend that the accident was solely due to the inept driving of the driver of the Maruti car.

(3.) I have considered the rival submissions. Perused the materials on record and gone through the impugned award.