LAWS(MAD)-2022-12-269

ZONAL MANAGER, RELIANCE GENERAL INSURANCE CO. Vs. EZHILMATHI

Decided On December 21, 2022
Zonal Manager, Reliance General Insurance Co. Appellant
V/S
Ezhilmathi Respondents

JUDGEMENT

(1.) The Insurance Company is on appeal against the award of a sum of Rs.28,90,000.00 for the death of one Manikandan in a road accident that occurred on 28/9/2018.

(2.) The claimants who are the wife, daughter and parents of the deceased Manikandan sought for a compensation of Rs.50,00,000.00 contending that the accident had occurred due to the rash and negligent driving of the driver of the lorry insured with the appellant Insurance Company and the said Manikandan was working as a driver in Dubai and earning a substantial sum as salary. He was also sending monies for the maintenance of the claimants. It was contended that the claimants have lost their sole bread winner therefore, there is a substantial loss of dependency.

(3.) The Insurance Company resisted the claim contending that the accident did not happen in the manner suggested by the claimants. The Insurance Company also denied that the driver of the lorry had a valid driving license. The age and the other particulars given by the claimants were also denied and the claimants were put to strict proof of same.