ORIENTAL INSURANCE CO LTD Vs. G KALAVATHI

JUDGEMENT

(1.) The insurance company has preferred C.M.A.No.130 of 2018 alleging the award of Rs. 38,19,000/- as compensation on the higher side and the claimants have preferred C.M.A.No.3471 of 2017 seeking enhancement of compensation, for the death of M.Gopalakrishnan, aged about 39 years, running a proprietory business in the name of M/s.Marks Cargo Movers, allegedly earning about Rs. 9 lakhs per annum, in the accident that occurred on 13.04.2012 when the deceased was proceeding in his car from west to east direction in Tiruchi-Thanjavur National Highway, and while the car was overtaking a Tipper lorry, the lorry driver swerved to the right side and hit the car, resulting in capsizing of the car.

(2.) Heard Mrs.P.T.Saleem Fathima, learned counsel appearing for the claimants and Mr.M.Krishnamoorthy, learned counsel appearing for the insurance company.

(3.) The only question to be decided in these appeals is with regard to the quantum, as there is no appeal preferred by the insurance company questioning the negligence aspect.