BRANCH MANAGER, NATIONAL INSURANCE CO LTD Vs. VASANTH

JUDGEMENT

(1.) The appellant/Insurance Company has filed this appeal against the judgment and decree dated 21.07.2006 made in M.C.O.P.No.100 of 2003 on the file of the Motor Accident Claims Tribunal, Sub Judge, Hosur.

(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 petitioners/claimants is that on 16.03.2003 at about 2.10 p.m., while the deceased Raja was standing on the left side mud portion of the road near the Roundana at Uthangarai, the lorry bearing Registration No.PY-01-H-8303 came at high speed dashed against the deceased, causing him fatal injuries and he died on the spot. The accident occurred due to negligence of the 1st respondent lorry driver only. The petitioners/claimants who are wife, children and mother of the deceased were depending on his income. Thus, the petitioners/claimants sought for a sum of Rs.15,00,000/- as compensation from the respondents who are the owner and insurer of the vehicle.