NATIONAL INSURANCE COMPANY LTD Vs. M RASU

JUDGEMENT

(1.) The above Civil Miscellaneous Appeal and Cross Objection are filed against the judgment and decree dated 10.12.2013 made in M.C.O.P.No.974 of 2012 on the file of the Motor Accident Claims Tribunal, II Judge, Court of Small Causes, Chennai.

(2.) For the sake of convenience, the parties are referred to hereunder according to their litigative status before the Tribunal.

(3.) The case of the petitioner is that on 02.11.2011 at about 9.30 hours when the deceased R.Saravana Kumar @ Murugesh was proceeding in the lorry bearing Registration No.KA-01-MF-6070 from Nagra Village to Bakhankheri Village in Nagra Road near CH Civil Hospital, Batnagar, on seeing the High Tension electric wire blocking the road, the driver of the said lorry asked the deceased to get down from the Lorry and to lift the High Tension wire so as to enable the lorry to go further. In furtherance of the said direction, as the deceased was getting down from the lorry, he came into contact with the high tension wire, suffered heavy electric shock and died on the spot. According to the Petitioners, the accident occurred due to the negligence of the driver of the said lorry. As such the respondents who are the owner and insurer of the lorry are liable to pay compensation. It is also stated that the deceased was aged 19 years and by working as coolie he was earning Rs.75,000/- for 10 months in the rig operation and Rs.15,000/- as mason for two months. The petitioners, who are the parents and sisters of the deceased seek a sum of Rs.24,00,000/- as compensation from the respondents.