(1.) Challenge in this appeal is to the finding of negligence fixed against the driver of the tipper lorry, bearing Registration No.TN-70-F-6773, insured with Royal Sundaram Alliance Insurance Company Limited, the appellant herein, and the award of Rs.16,81,500/- with interest at the rate of 7.5% per annum from the date of claim till deposit.
(2.) Facts leading to the appeal are as follows :
(3.) The appellant insurer denied negligence on the part of driver of the tipper lorry, insured with them. They further submitted that it is for the respondents to substantiate the manner of accident. They further submitted that it is because of the carelessness and negligence on the part of the driver of the borewell lorry in parking the said vehicle in the middle of the road, the accident occurred. Without prejudice to the above, they disputed the age, avocation, income of the deceased and quantum of compensation, claimed under various heads, and for the reasons stated supra, prayed for dismissal of the claim petition.