UNITED INDIA INSURANCE COMPANY LIMITED Vs. SIVAGAMI

JUDGEMENT

(1.) The appellant United India Insurance Company Limited represented by its Divisional Manager, Chennai has filed this present appeal against the order dated 20.1.2011 passed by the Principal District Judge, Motor Accident Claims Tribunal, Villupuram in MCOP No.152 of 2009.

(2.) The respondents 1 to 3/ claimants filed the claim petition under Section 166 of the Motor Vehicles Act seeking compensation of Rs.20,00,000/- for the death of one Narasimman, the husband of the first claimant and father of the claimants 2 and 3, in a road accident that took place on 16.08.2008.

(3.) The case of the claimants are briefly as follows. On 16.08.2008, at about 1.30 a.m., when the deceased Narasimman was travelling in a lorry bearing registration No. TDF 2350 belonging to the first respondent and insured with the present appellant, the said lorry hit a parked lorry bearing registration No.TN-21- AZ-5539 near Melandi Gounder Mill on Rasipuram-Athur Main Road. According to the claimants, the deceased was a spare driver in the said lorry and that he died due to the rash and negligent driving of the driver of the lorry. In the claim petition, the owners of both the lorries and their respective insurers were shown as parties.