BRANCH MANAGER, UNITED INDIA INSURANCE CO LTD Vs. ANNAMALAI; THILAGAM; MINOR GOMATHI; MINOR KOKILA; S SENAPPAN; S SIVAPRAKASAM

JUDGEMENT

(1.) Parents and sisters, who have lost a 22 year old member of the family, in the accident, which occurred on 27.12.2008, due to electrocution, when he accidently contacted a live electric wire, while attempting to take a diesel can, from the top of the tipper lorry, bearing Registration No.TN 30 AB 4695, owned by the 6th respondent herein, and insured with the appellant-Insurance Company, have claimed compensation of Rs.8,00,000/-. He was stated to be a cleaner.

(2.) The owner of the tipper lorry, remained absent.

(3.) The appellant-Insurance Company has denied the averments made in the claim petition, contending inter alia that the place of accident does not come within the definition of public place , as per the provisions of the Motor Vehicles Act, 1988 and hence, the claim petition is not maintainable. They further submitted that the accident occurred, due to the negligence of the deceased, who climbed to the top of the cabin of the lorry, without the consent of the lorry driver and thus, invited the accident. Thus, they have disputed their liability to pay compensation. Without prejudice to the above, they disputed the age, avocation, income of the deceased and the quantum of compensation claimed under various heads.