NATIONAL INSURANCE COMPANY LTD Vs. M ANNALAKSHMI

JUDGEMENT

(1.) The Insurance Company which had suffered an award for a sum of Rs. 13,05,000/- for the death of one Suthith Kumar, son of the claimants in a Motor Accident that occurred on 15.06.2012 at about 23.35 hours is the appellant.

(2.) According to the claimants, the deceased was riding a tricycle along East Coast Road at the extreme left side of the road. A water tanker lorry bearing registration No.TMO-9970 driven in a rash and negligent manner dashed against the tricycle. As a result of the accident, the rider of the tricycle Suthith Kumar suffered grievous injures and died on the spot. Claiming that, being the insurer of the lorry, the 2nd respondent Insurance Company is liable to pay the compensation, the claimants sought for a sum of Rs. 12,00,000/- as compensation.

(3.) The Insurance Company resisted the claim petition contending that the driver of the lorry did not have an authorization to drive a goods carriage particularly a tanker lorry in the form of an endorsement or a badge and hence the Insurance Company cannot be held liable to pay the compensation. In any event the Insurance Company contended that it should be given a right to recover the compensation from the owner of the lorry. On the quantum, the Insurance Company contended that the age, educational qualification and the income of the deceased are not truthfully disclosed in the petition.