LAWS(MAD)-2018-4-601

NATIONAL INSURANCE COMPANY LTD Vs. S LAKSHMI

Decided On April 20, 2018
NATIONAL INSURANCE COMPANY LTD Appellant
V/S
S LAKSHMI Respondents

JUDGEMENT

(1.) The appellant/Insurance Company has filed this appeal against the judgment and decree dated 19.12.2005 made in M.C.O.P.No.3889 of 2001 on the file of the Motor Accident Claims Tribunal, II Small Causes Court, Chennai.

(2.) For the sake of convenience, the parties are referred to hereunder according to their litigative status before the Tribunal.

(3.) The case of the claimants is that on 28.06.2001 at about 00.05 hours, while the deceased Subramani was riding his two wheeler bearing Registration No.TN-07-J-3524 in Thyagaraya Road, Chennai and stopped at the junction of Annasalai to turn towards South, the water tanker lorry bearing Registration No.TSH-5157 belonging to the 1st respondent and insured with the appellant/2nd respondent came at high speed, dashed against the Stationery two wheeler causing fatal injuries to the deceased Subramani, who died subsequently in the hospital. The accident occurred only due to rash and negligent driving of the 1st respondent lorry driver. The deceased was aged 36 years and by working as head mason was earning Rs.8,000/- per month. The petitioners who are the wife and daughter of the deceased were depending on his income. Hence, the petitioners sought for a sum of Rs.12,50,000/- as compensation from the respondent.