UNITED INDIA INSURANCE CO LTD Vs. REVATHI

JUDGEMENT

(1.) The appeal has been preferred by the insurance company against the award of compensation of Rs.30,50,000/- for the death of one Mr.Pandian, who was a B.T. assistant aged about 51 years earning about a sum of Rs.29,200/- per month, in the accident which occurred on 04.06.2010, when he was riding his two wheeler, which was hit down by the insured tractor trailer viz., the tractor insured with the 6th respondent/Sri Ram General Insurance Company and the trailer insured with the appellant.

(2.) Heard Mr.J.Chandran, learned counsel appearing for the appellant and Mr.A.A.Venkatesan, learned counsel for respondents 1 to 4.

(3.) The accident and the manner of the accident are not questioned by Mr.J.Chandran, learned counsel appearing for the appellant. He would submit that originally in the FIR, it was stated that the tractor knocked down the two wheeler, causing the death of the deceased and subsequently the trailer, which is insured with the appellant has been added. According to him, if the trailer is also involved in the accident, it should have found place in the FIR itself and therefore, there is no liability on the part of the appellant/insurance company, which is the insurer of the trailer. Therefore, he seeks to set aside the portion of liability fastened on the appellant.