UNITED INDIA INSURANCE COMPANY LTD Vs. LALITHA DHAMODHARAN

JUDGEMENT

(1.) THE Insurance Company viz., United India Insurance Company has come up with the present civil miscellaneous appeal having aggrieved over an award passed by the Motor Accident Claims Tribunal, Coimbatore in M.C.O.P.No.437 of 2007 dated 30.11.2011.

(2.) THE claim petition in M.C.O.P.No.437 of 2007 was filed by the wife, daughter and son of the deceased Dr.Dhamodharan, who are ranked as respondents 1 to 3 in the present appeal, having lost him in a road accident, as against the owner of the Tempo Traveller bearing Registration No.TN 38 A 4432 and the insurer viz., the appellant -Insurance Company, seeking a compensation of Rs.75,00,000/ -.

(3.) THE case of the claimants before the Tribunal was that the deceased Dr.Damodharan, who was working as Senior Scientist in the Sugarcane Breeding Institute viz., fourth respondent herein, was returning from Karnataka to Coimbatore on 24.1.2006 after completing his official work, by the above said Tempo Traveller, driven by its Driver viz., Balachandran and whileso, at about 2.00 pm, when the vehicle was plying at Aymangala at Chitradurga District, the driver of the Tempo Traveller, having driven it in a rash and negligent manner, dashed against a Lorry bearing registration No.KA 01 D 1145 belonging to the 7th respondent herein and driven by its driver viz., 6th respondent herein and caused the accident and the resultant death of the said Damodharan. The said lorry was insured with the 8th respondent herein. According to the claimants, the deceased would earn a sum of Rs.70,000/= per month had he been alive and the accident was due to rash and negligence on the part of the driver of the Tempo Traveller and hence, the claim petition was filed as against the owner and Insurer of the said vehicle.