LAWS(MAD)-2018-4-125

SHRIRAM GENERAL INSURANCE CO LTD Vs. C AMBIKA

Decided On April 06, 2018
SHRIRAM GENERAL INSURANCE CO LTD Appellant
V/S
C Ambika Respondents

JUDGEMENT

(1.) Aggrieved over the award passed by the Motor Accident Claims Tribunal /(II Additional District Judge), Poonamalle in MCOP. No. 764 of 2013 dated 01.12.2016, the Insurance Company/appellant herein, who is the second respondent in the above said MCOP has filed this Appeal to set aside the same.

(2.) The respondents 1 & 2 herein have filed the claim petition under Section 166 of Motor Vehicles Act and Rule 3 of Motor Accident Claims Tribunal Rules, claiming compensation of Rs.19,30,000/- restricted to Rs.15,00,000/- for the death of one C.Ashok Kumar, who is the son of the respondents herein.

(3.) The case of the respondents 1 & 2 herein in the claim petition is that on 15.05.2013 at about 11.pm the deceased C.Ashok Kumar drove the lorry bearing registration No. TN 20 AE 3876 from south to north direction in Tambaram-Puzhal Bye-pass Road. Since the lorry became fault, the deceased invited the mechanic and was assisting the mechanic by showing torch light from the backside of the lorry. At that time, a lorry bearing registration no. TN 22 AV 7979 owned by the third respondent herein came in a rash and negligent manner and hit the deceased, thereby he died at the spot itself.