RELIANCE GENERAL INSURANCE CO LTD Vs. K KALIAMMAL

JUDGEMENT

(1.) The Insurance Company which suffered an award for payment of a sum of Rs. 12,28,000/- as compensation for the death of one Krishnamoorthi, husband of the 1st respondent and the father of the respondents 2 to 4, in the motor accident that occurred on 25.06.2014 is on appeal, challenging the quantum of compensation.

(2.) According to the claimants, at about 6.45 p.m. on 25.06.2014, when the deceased E.Krishnamoorthi, was collecting the plastic waste in Thiruverkadu Road, Arunachalam Nagar, the lorry bearing Registration No.MH-04-GF-5384, driven by its driver, in a rash and negligent manner, hit the deceased and ran over him killing him on the spot. Contending that the accident occurred due to the rash and negligent driving of the lorry and that the lorry was insured with the appellant Insurance Company, the claimant sought for a compensation for Rs. 15,00,000/-.

(3.) The claim was resisted by the Insurance Company denying the manner in which the accident occurred. It also denied the age and income of the deceased as claimed in the Claim Petition. It is also claimed that the driver of the lorry did not possess a driving license to drive heavy goods vehicle at the time of the accident. On the above contentions, the Insurance Company sought for dismissal of the Original Petition.