ORIENTAL INSURANCE COMPANY LTD Vs. RAJESWARI

JUDGEMENT

(1.) The Insurance company which had suffered an award for payment of a sum of Rs. 15,83,000/- as compensation for the death of one Neelagandan in a motor accident that occurred on 06.03.2011 at 03:40AM, is the appellant.

(2.) According to the claimants, who are the parents of the deceased Neelagandan, the deceased who was employed as a driver was driving a container lorry bearing registration No.TN-21-AE-1068 on Senneer Kuppam Bridge. While so, he sighted a tipper lorry bearing registration No.TN-22-AP-8051 parked on the right side of the bridge without any warning signal or parking lamps. Despite his best efforts to avoid the collision, the container lorry driven by Neelagandan hit against the tipper lorry from the rear side resulting in grievous injuries to the driver namely, Neelagandan, he was immediately removed to the Government General Hospital, Chennai. Though he was put on emergency treatment, he succumb to the injuries at the hospital. Claiming that the haphazard parking of the tipper lorry bearing registration No.TN-22-AQ-8051 was the reason for the accident. The claimants sought for a compensation of Rs. 25,00,000/-.

(3.) The claim was resisted by the appellant Insurance company, the Insurer of the tipper lorry contending that the deceased was only the responsible for the accident. According to it, the tipper lorry broke down and hence, it could not be moved from the spot. It is also claim that the driver of the tipper lorry had kept necessary warning signals ahead of the lorry. The Insurance company had also contended that the driver of the tipper lorry had immediately after the accident lodged a First Information Report against the deceased. The Insurer and the owner of the container lorry driven by the deceased Neelagandan were subsequently implead the respondents 3 and 4 in the claim petition. The owner of the tipper lorry, the owner of the container lorry as well as the Insurer of the container lorry remained ex-parte before the Tribunal.