IFFCO TOKIO GENERAL INSURANCE CO. LTD Vs. THULASIAMMAL

JUDGEMENT

(1.) Assailing the Judgment and Decree in and by which the Tribunal had directed payment of Compensation to be made by the Appellants to the Claimants and, thereafter, to recover the same from the 7th Respondent, viz., the Owner of the vehicle, the present Appeal has been directed.

(2.) For the sake of convenience, the Appellant/Insurance Company, Respondents 1 to 5/Claimants and the 7th Respondent/Owner of the vehicle shall be referred to as Insurer, Claimants and insured.

(3.) The short facts leading to the filing of the present Appeal are as under: On the fateful day of 27/2/2015, at about 10.15 p.m., when the deceased Kuppusamy, was crossing the road, the Tempo bearing Regn. No.TN-37-J2661, belonging to the 7th Respondent and being driven by the 1st Respondent, in a rash and negligent manner dashed against the deceased, due to which the deceased sustained severe head injuries and died on the spot. Therefore, the Claimants, filed the present Petition seeking Compensation in a sum of Rs.7,00,000..00