UNITED INDIA INSURANCE CO LTD Vs. PACHAIMMAL

JUDGEMENT

(1.) The Insurance Company, which suffered an award for a sum of Rs. 22,52,000/- towards compensation for the death of one Umeshkumar, who is aged about 27 years in MCOP.No.6473 of 2013 on the file of the Motor Accident Claims Tribunal, Chennai, is the appellant. The said claim petition was filed by the parents of the deceased seeking a sum of Rs. 50,00,000/- as compensation for the death of their son.

(2.) According to the claimants, the deceased who is a computer technician, was working as a Java Developer in M/s.Softorix Technologies Pvt. Ltd., earning a sum of Rs. 23,500/- per month. When the deceased was riding his Motorcycle bearing Registration No.TN-23-BA-7391, the Tipper Lorry, bearing Registration No.TN-04-D-9380, owned by the third respondent herein, which was driven in a rash and negligent manner by its driver and dashed against the deceased. The deceased sustained grievous injuries and was admitted in Hospital and died at the Government Kilpauk Medical College Hospital while undergoing treatment on the same day.

(3.) The claim petition was resisted by the Insurance Company contending that there was no negligence on the part of the driver of the lorry. The Insurance Company also sought to repudiate its liability on the ground that the vehicle viz., the Tipper Lorry did not have a valid fitness certificate on the date of the accident. It was also pleaded that the age and the income particulars of the deceased were not correct.