NATIONAL INSURANCE CO LTD Vs. POONGODI

JUDGEMENT

(1.) Aggrieved over the findings of the Tribunal, dated 07.07.2009 made in MCOP.No.271 of 2004 on the file of the Motor Accident Claims Tribunal/I Additional Sub Judge, Salem, the present appeal has been filed by the 2nd respondent-Insurance Company to set aside the award passed by the Tribunal.

(2.) For the sake of convenience, the parties will be hereinafter referred to in this judgment as arrayed before the Tribunal.

(3.) The case of the petitioners is that on 16.02.2004 at about 02.00 hours, while the deceased Dhanaraj was travelling in the Lorry bearing Registration No.TN-38-V-6404 belonging to the first respondent and insured with the second respondent from Villupuram to Salem, while going near Ayyothiyapattinam 6th mile stone petrol bunk, due to the rash and negligent driving by the driver of the said Lorry, to avoid dashing against the bus, which was coming in the opposite direction, the driver of the above said lorry turned the Lorry to the left side, but dashed against the another lorry bearing Registration No.KA-01-C-6586, which was going ahead of the lorry, in which the deceased was travelling, and due to it, the deceased suffered grievous injuries and subsequently died. The accident occurred only due to the negligence of the driver of the first respondent lorry. The deceased was aged 30 years and by carrying on his own sound service system was earning Rs. 10,000/- per month. The petitioners who are the wife, children and mother of the deceased were depending on the income of the deceased. Due to the sudden death, the petitioners lost the bread winner of their family. The petitioners also lost the love and affection of the deceased. Thus, the petitioners sought for a sum of Rs. 10,00,000/- as compensation from the respondents.