NATIONAL INSURANCE CO LTD Vs. K ANURADHA

JUDGEMENT

(1.) Both the claimants and the respondent/Insurance Company have preferred the appeal against the judgment and decree dated 12-07-2011 made in M.C.O.P.No.5600 of 2005 on the file of Motor Accidents Claims Tribunal (Chief Judge of Court of Small Causes , Chennai).

(2.) The claimants are the wife, son and mother of the deceased, who died in the accident that took place on 25-03-2005 at about 1:15 hours, while he was returning from his office in TVS Victor bearing Registration No.TN-09-AC-0798, which got colluded with the first respondent's tipper lorry bearing Registration No.AP-9V-3406 coming from Kothaguda towards Gachibowli driven in a rash and negligent manner, and capsized on the side of the deceased leading to the death of the deceased on the spot. At the time of accident, the deceased was 28 years' old and was the Team Leader in Accenture Services Pvt. Limited, a leading software company and his last drawn salary was a sum of Rs.7.25 lakhs(Rupees Seven lakhs and twenty five thousand) per annum.

(3.) In the counter filed by the Insurance Company and the owner of the lorry, first and second respondents herein, the manner in which the accident took place as stated by the claimants was disputed and it is stated that the deceased lost his balance and directly hit the lorry causing the accident and also denies the validity of vehicular records, driving license and insurance coverage at the time of accident.