NATIONAL INSURANCE COMPANY LTD Vs. S KIRUPANETHI

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed by the Insurance Company against the Award and Decree dated 28. 2. 2007 made in O. P. No. 2065 of 2004 on the file of the Motor Accidents Claims Tribunal (Chief Judge, Court of Small Causes), Chennai.

(2.) BACKGROUND facts in a nutshell are as follows:-On 12. 10. 2003 at about 11. 00 hours, the deceased Priyadarseni was taking water behind the Water Tanker Lorry bearing Registration No. TN-59-B-9064 at No. 864, N. V. N. Nagar, 8th Street, Thirumangalam. At that time, the driver of the Water Tanker Lorry, without taking due care, reversed the lorry in a very rash and negligent manner and dashed against the deceased. Due to the accident, the deceased sustained severe head injury. She was taken to the hospital and she died in the hospital. The claimants are the parents of the deceased. The claimants claimed a compensation of Rs. 7,00,000/-, but restricted to Rs. 5,00,000/- before the Tribunal. The Insurance Claim resisted the claim. On pleading, the Tribunal framed the following issues:-

(3.) LEARNED counsel appearing for the Insurance Company submitted that the Tribunal is wrong in holding that the accident had occurred due to the rash and negligent driving of the Water Tanker Lorry. It is also further submitted that the Tribunal has awarded excessive and exorbitant compensation without basis and justification and that therefore, the order passed by the Tribunal is not in accordance with law.