NATIONAL INSURANCE CO.LTD Vs. SANTHAKUMARI

JUDGEMENT

(1.) C.M.A.No.2874 of 2021 has been filed by the appellant/Insurance Company against the judgment and decree dtd. 8/1/2021 made in M.C.O.P.No.606 of 2015 on the file of Motor Accident Claims Tribunal, Special Sub Court No.I, Small Causes Court, Chennai. Cross Objection No.97 of 2022 has been filed by the claimants/respondents 1 & 2 herein seeking enhancement of compensation granted by the Tribunal in the said award.

(2.) The appellant/Insurance Company is the 2nd respondent in M.C.O.P.No.606 of 2015 on the file of Motor Accident Claims Tribunal, Special Sub Court No.I, Small Causes Court, Chennai. The respondents 1 & 2 filed the said claim petition claiming a sum of Rs.1,00,00,000.00 as compensation for the death of one Balamurugan, who died in the accident that took place on 25/12/2012.

(3.) According to the respondents 1 and 2, on the date of accident i.e., on 25/12/2012 at about 14.30 hours, while the deceased Balamurugan was travelling as a passenger in the car bearing Registration No.TN 05 AF 0712 from West to East direction on Periyakulam - Vathalagundu Main Road, near Devanampatti Koot Road, the front right side tyre of the car got punctured, the car dragged towards right side of the road and immediately the driver of the car stopped the car on the northern side of the road. At that time, the driver of the lorry bearing Registration No.TN-47-M-0578 belonging to the 3rd respondent, drove the same in a rash and negligent manner from the opposite direction on the wrong side of the road, dashed against the stationary car, crushed the occupants of the car by dragging the car for about 30 feet and caused the accident. Therefore, the respondents 1 & 2, filed the above claim petition claiming compensation for the death of the said Balamurugan against the respondents 3 to 5 and appellant, who are the owners of the lorry & car, insurer of the car and insurer of the lorry respectively.