DIVISONAL MANAGER ORIENTAL INSURANCE COMPANY LIMITED Vs. PRABHAKARAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the Award made in MCOP.No.199 of 2007, dated 07.09.2010, on the file of the Motor Accidents Claims Tribunal / II Additional Subordinate Judge, Madurai.

(2.) The appellant / Insurance Company is the second respondent in MCOP.No.199 of 2007, on the file of the Motor Accidents Claims Tribunal / II Additional Subordinate Judge, Madurai. The first respondent, who is the claimant, has filed the said claim petition claiming a sum of Rs. 1,00,000/- as compensation.

(3.) According to the first respondent, the driver of the Lorry belonging to the second respondent insured with the appellant was driven by its driver in a rash and negligent manner and dashed against the Lorry belonging to the first respondent, as a result of which, one of the load man, who travelled in second respondent Lorry, died. The other load men travelled in the Lorry of the first respondent sustained injuries. The lorry of the first respondent heavily damaged and the same was tracked to workshop. The driver of the second respondent was responsible for accident. The appellant as insurer of the Lorry and the second respondent as owner of the Lorry are liable to pay compensation to repair the lorry. The claim petition is filed against the second respondent claiming a sum of Rs. 1,00,000/- as compensation.