ORIENTAL INSURANCE COMPANY LIMITED Vs. ASHA SEWARSA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred by the Insurance Company as against the award of Rs.21,63,000/- for the death of one Arjun Singh, aged about 38 years, dealing in gold business in Coimbatore, allegedly earning about Rs. 3 lakhs per annum, in the accident, which occurred on 25.07.2004, when the deceased was driving his Maruti Car from West to East on National Highway towards Dingidul from Palani and near the bend at Ramayanpatti, a lorry bearing Registration No. KL-10-K-4329, belonging to the 5th respondent, insured with the appellant and driven by the 4th respondent, in a rash and negligent manner, dashed against the Maruti Car, resulting in the accident. Hence, the claim petition.

(2.) On contest, the Tribunal found that the accident occurred because of the rash and negligent driving of the lorry, which was insured with the appellant and awarded compensation of Rs. 21,63,000/-. The said award is being challenged by the Insurance Company on the question of negligence as well as quantum.

(3.) Heard Mr.S. Manohar, learned counsel for the appellant and Mr.C.R. Prasannan, learned counsel for respondents 1 to 3/claimants.