NATIONAL INSURANCE COMPANY LIMITED Vs. KALIAMMAL

JUDGEMENT

(1.) Caveator is on record. With the consent of parties, appeal is taken up for hearing and disposed of.

(2.) Challenging the finding, fixing negligence on the driver of the container lorry bearing Regn.No.TN28AH7357, insured with National Insurance Company Limited and the consequential liability, to pay compensation of Rs.12,32,000/- with interest, at the rate of 7.5% from the date of claim till deposit and costs, awarded to the legal representatives in MCOP No.951 of 2011 dated 07.06.2016 on the file of Motor Accidents Claims Tribunal, [2nd Additional District Judge], Poonamallee, instant appeal has been filed, by the insurance company.

(3.) According to the legal representatives of the deceased, that on 11.01.2011, about 6.00am, on CFS Gateway Yard, Manali, a container lorry, bearing Regn.No.TN28AH735, and insured with National Insurance Company Limited, Chennai, the appellant herein, driven in a rash and negligent manner, dashed against, Seetha Kannan, S/o.Mariappan. He sustained grievous injuries and died. A case in Crime No.14 of 2011, under Section 304 (A) IPC, has been registered on the file of Manali Police Station.