UNITED INDIA INSURANCE CO LTD Vs. A SEMMALAR

JUDGEMENT

(1.) Both the appeals have been filed by the Insurance Company questioning the award of the Motor Accident Claims Tribunal, Chennai, (Chief Judge of Small Cause), Chennai, granting a sum of Rs.2,51,20,000/~ as compensation for the death of one D.Arul Oli and a sum of Rs.10,38,000/~ for the death of one A.Vasuki, in a motor accident that occurred on 06.01.2012, at about 6.15 a.m. near Athur Tolgate, Chennai to Trichy National Highway.

(2.) The case of the claimants as narrated in the Claim Petition as follows:

(3.) The Insurance Company resisted the Claim Petition contending that the accident did not occur in the manner suggested by the claimants. The lorry was parked only on the left extreme of the road and it is the driver of the Qualis Car namely the deceased Arul Oli, who drove the car at a very high speed and dashed against the lorry. It was further contended that the driver of the car contributed the accident to the great extent. The age and the income particulars of both the deceased persons were denied by the Insurance Company and the claimants were put to strict proof of the same.