ORIENTAL INSURANCE CO LTD Vs. B S RAMAMOORTHY

JUDGEMENT

(1.) The Insurance Company is the appellant. The challenge is to the Award of the Motor Accident Claims Tribunal, Krishnagiri granting a sum of Rs. 13,34,000/- for the death of one B.R.Sivagnana Prasath, aged about 28 years in a motor accident that occurred on 27.04.2011.

(2.) The case of the claimants was that while the deceased was driving on the Krishnagiri - Hosur Highway, a tipper lorry owned by the 4th respondent herein, insured with the appellant Insurance Company suddenly took a 'U' turn without signal, which resulted in the deceased dashing against the tipper lorry. The claimants also contended that the deceased was earning a sum of Rs. 15,000/- per month as temple priest. The claimants being parents of the deceased had suffered mental agony as well as monetary loss.

(3.) The claim was resisted by the Insurance Company by contending that there was negligence on the part of the deceased which was the cause of the accident. The Driver of the lorry was examined as R.W.1. He had deposed that while he was taking a "U" turn after proper indication, the deceased, who drove the vehicle in a rash and negligent manner dashed against the rear portion of the lorry. According to the learned counsel for the appellant, the very fact that the impact was on the rear portion of the lorry would show that the deceased was negligent. P.W.2, who was an eye witness to the accident has deposed that when the tipper lorry took "U" turn without signal, the deceased came from rear and hit the lorry.