NEW INDIA ASSURANCE CO.LTD Vs. PALANISAMY

JUDGEMENT

(1.) The above appeals arise from out of a single accident. The two claim petitions are filed by the parents of one Thangavel (in MCOP No.1005 of 2007) and the injured, P.A.Srinivasan (in MCOP No.1006 of 2007).

(2.) The deceased Thangavel and the claimant (in MCOP No.1006 of 2007) were travelling in a car bearing Registration No.TN 04 C 5175 which was driven in a rash and negligent manner by its driver as a result of which the car had fallen into a pond by reason of which the said Thangavel passed away and Srinivasan the claimant (in MCOP No.1006 of 2007) had sustained grievous injuries. The parents of the said Thangavel had sought for a compensation of a sum of Rs.10,00,000.00 and P.A.Srinivasan had claimed compensation of a sum of Rs.5,00,000.00.

(3.) The deceased Thangavel was stated to have been carrying on business in the name and style of Chinnamal Textiles apart from doing agricultural works. The claimant in the other claim petition is stated to be a Decorator (for weddings). Though in Column No. 23 it is stated that the petitioners were travelling in the car bearing Registration No.TN 04 C 5175 belonging to the 1st respondent, however, in Column No.10 of both the claim petitions it is stated that the person involved in the accident was travelling in a two wheeler. This could be a mistake since in Column No.14 it has been clarified that the type of vehicle which was involved in the accident was a car bearing Registration No.TN 04 C 5175. This point is highlighted to show the cursory attention that is given to the preparation of the pleadings.