NEW INDIA ASSURANCE CO.LTD. Vs. G.ALAMELU

JUDGEMENT

(1.) Questioning the quantum of compensation, the second respondent/Insurance Company has filed this memorandum of Civil Miscellaneous Appeal under Sec. 173 of the Motor Vehicle Act 1988.

(2.) The first and second respondents are the claimants, whereas, the third respondent herein, is the owner of the offending vehicle. Claiming a sum of Rs.10,00,000.00 towards the compensation for the death of their son one G.Raja, the respondents 1 & 2 had moved the Claims Tribunal with a claim petition in MCOP No.5609 of 2004.

(3.) According to the claimants, that on 13.11.2004 at about 00.45 a.m., when their son G.Raja was driving the Tata Indica Car bearing Registration No.TN 10 J 5761, a Water Tanker Lorry bearing Registration No. TN 05 3798 belonging to the third respondent herein, came from the opposite direction coupled with rashness and negligence and rammed the Tata Indica Car driven by the deceased. As a result of which, the deceased had sustained multiple injuries which resulted in his death.