ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED Vs. PACKIAMMAL

JUDGEMENT

(1.) The Appellant/Insurance Company has filed this appeal against the judgment and decree dated 28.10.2011 made in M.C.O.P.No.162 of 2009 on the file of the Motor Accident Claims Tribunal, Subordinate Judge, Attur. With consent of the learned counsel on either side, the main Civil Miscellaneous Appeal itself is taken up for final disposal at the time of admission stage itself.

(2.) For the sake of convenience, the parties are referred to hereunder according to their litigative status before the Tribunal. The case of the petitioners/claimants is that on 06.12009 while the mother of the petitioners one Ramayee was walking from West to East in Aathur to Kallakurichi Main Road while going near Jayavel weigh bridge situated at Kattukottai at about 6.30p.m., the 1st respondent lorry bearing Registration No.TN-28-J-1029 came at high speed driven in a rash and negligent manner dashed against the said pedestrian Ramayee, causing her fatal injuries, resulting in her death on the spot itself. The accident occurred due to negligence of the 1st respondent vehicle driver only. The said lorry was insured with the 2nd respondent at the time of accident. The deceased was aged 50 years and was earning Rs. 4,500/- per month by carrying on milk vending business. The petitioners/claimants who are the children of the deceased have lost the love and affection of their mother and also her financial contribution to the family. Thus, the petitioners/claimants seek a sum of Rs. 5,00,000/- as compensation from the respondents who are the owner and insurer of the offending vehicle.

(3.) On the other hand, opposing the claim of the petitioners/claimants, by filing counter, the 2nd respondent/Insurance Company contends that the petitioners/claimants has to prove the age, occupation and the monthly earnings of the deceased and also the nature of accident, resulting in the death of their mother. On the occurrence date, while the 1st respondent lorry was going at a normal speed, the deceased attempted to cross the road suddenly and dashed against the lorry, resulting in her death. Thus, the negligence of the deceased - Ramayee alone caused the accident. Even assuming, the driver of the lorry also contributed to the accident, the deceased is mainly responsible for the occurrence. The amount claimed by the petitioners/claimants is exorbitant. Thus, the petition is liable to be dismissed.