NATIONAL INSURANCE CO LTD Vs. ANJU AGARWAL

JUDGEMENT

(1.) These two appeals are filed by two Insurance companies challenging the award of the Motor Acciden Claims Tribunal, Chennai (VI Court of Small Causes, Chennai) made in M.C.O.P.No.1405 of 2011 dated 20.03.2017. The said claim petition was filed by the wife, children and mother of R.Narendra Kumar, aged about 35 years, who died in the motor accident that occured on 21.07.2010 around midnight.

(2.) According to the claimants, the deceased was travelling as an occupant in a Maruthi Car, bearing registration No.TN-07-AR-9879. While the car was driven at a moderate speed by its driver, the driver of the lorry bearing registration No.AP-03-X-2854, had parked the lorry in the middle of the road during night without any warning signal, which resulted in the driver of the car, dashing against a stationary lorry causing grievous injuries to the occupants of the car and the deceased died on the way to hospital.

(3.) Contending that the accident happened due to the negligent manner in which the lorry was parked on a bye-pass road which is only about 22 metres of width. The claimants sought for a compensation of Rs.1,20,00,000/- for the death of the said R.Narendra Kumar. The owners of the car, lorry and the respective Insurance companies were arrayed as Respondents 1 to 4 in the claim petition. While the owner of the lorry was shown as first respondent, the Insurer of the lorry was arrayed as second respondent. The owner of the car was arrayed as third respondent and its insurer was shown as fourth respondent. Both the owners of the car as well as the lorry viz., respondents 1 and 3 remained exparte before the Tribunal.