THE NEW INDIA INSURANCE CO.LTD, CITY BRANCH III, THROUGH ITS BRANCH MANAGER, D.NO.34, ALAGARKOIL ROAD, TALLAKULAM, MADURAI Vs. MANONMANI

JUDGEMENT

(1.) The present Civil Miscellaneous Appeal has been filed by the Insurance Company against the judgment and decree dated 07.09.2015 in M.C.O.P.No. 143 of 2002, on the file of the Motor Accident Claims Tribunal, Subordinate Court, Aruppukkotai.

(2.) The parties are referred to as per the rank mentioned in the Motor Accidents Claims Tribunal.

(3.) The short facts of the case as averred in the claim petition is that the first petitioner is the wife of the deceased and the second and the third petitioners are the children of the deceased, namely Rajkumar. On 25.09.2012, at about 4.00 p.m, the deceased asked his wife to come to Arupukottai for purchase of dresses for her children. Accordingly, his wife came in Pajero car, bearing Reg.No.TN 67 AC 9299 and after purchase, the deceased was proceeding in his vehicle, namely, Vento Grill, bearing Reg.No.TN 67 AF 9299 and his wife was following in her vehicle. While so, at about 7.10 p.m, the first respondent vehicle bearing Registration JCB TN 59 AS 1737 was going ahead of the deceased vehicle and suddenly, the driver of the JCB applied the brake without any indication and on the right side, a lorry was proceeding towards southern side, due to which, the deceased car hit on the first respondent's vehicle and immediately, his wife stopped her vehicle and found that her husband had an injury on the forehead and fracture in his elbow and took the deceased to the hospital immediately. However, on the way to the hospital, he succumbed to his injuries.