BRANCH MANAGER, ORIENTAL INSURANCE CO. LTD. Vs. MANOHAR

JUDGEMENT

(1.) Quantum of compensation of Rs.10,66,000/-, awarded to the legal representatives of the deceased in M.C.O.P.No.296 of 2002, dated 16.06.2014, on the file of the learned Motor Accident Claims Tribunal (Subordinate Judge), Arni, is challenged, on the grounds, inter alia that there is no proximity to the death of Manohar, due to the injuries, said to have been sustained, in the accident, which occurred on 12.05.2002, involving a Tipper Lorry, bearing Registration No.TN 23 F 4367, insured with M/s.Oriental Insurance Co. Ltd., Vellore, appellant herein.

(2.) Injured Manohar, in the claim petition, had stated that on 12.05.2002, about 05.30 A.M., when he was driving a Tipper Lorry, bearing Registration No.TN 23 F 4367, owned by the 4th respondent herein and insured with the appellant-Insurance Company, near Arcot Town bye-pass road, there was road laying work and hence, he slowed down the vehicle and attempted to halt the same, on the left side of the road. While doing so, the vehicle capsized. He sustained injuries, and acid in the vehicle spill over his face and body. He suffered dislocation of right elbow and was permanently disabled. Hence, he filed the claim petition, claiming compensation of Rs.1,00,000/-.

(3.) The appellant-Insurance Company has filed a counter affidavit, contending inter alia that FIR has been given five days, after the accident. Police has referred the case as mistake of fact. According to the Company, the injured was the tortfeasor. Owner and the driver were colluding in the claim and hence, the Company is not liable to pay compensation.