SIVAKODI Vs. N. SIVAKUMAR

JUDGEMENT

(1.) This Appeal has been filed by the Claimants seeking enhancement of Compensation awarded by the Tribunal.

(2.) According to the Claimants, on 2/10/2018 the husband of the First Claimant and father of the Claimants 2 & 3, namely Damodaran was on duty as a Driver of Lorry bearing Registration No.TN-83-W-0374 belonging to the Third Respondent, insured with the Fourth Respondent. The deceased was driving the Lorry carefully and cautiously in the middle lane of the road and at about 4.30 hours on 2/10/2018, when the Lorry was nearing Ambur, Kannikapuram Aavin Milk Booth in Chennai-Bangalore High way, the Lorry bearing Registration No.TN-28-BA-5459 belonging to the First Respondent and insured with the Second Respondent, which was going in front of the Lorry driven by the deceased, without following the Traffic Rules, suddenly changed the lane from the right side and came in the middle lane, just in front of the Lorry driven by the deceased. Though the deceased applied sudden brakes, his Lorry dashed against the Lorry belonging to the First Respondent. As a result of the said accident, the deceased received fatal injuries and later he died in Hospital. Hence, the Claimants filed Claim Petition seeking Compensation of Rs.50,00,000..00

(3.) The First Respondent, Owner of the offending Lorry remained ex parte. The Insurer of the First Respondent's-Lorry, namely the Second Respondent filed counter and denied the manner of accident, as averred in the Claim Petition. It was the case of the Second Respondent that the accident had occurred only due to the negligent driving of the deceased. The Second Respondent also denied the averments made in the Claim Petition regarding the age, income of the deceased, etc.