LAWS(MAD)-2018-9-85

M VIJAYALAKSHMI Vs. KOSALAI

Decided On September 04, 2018
M Vijayalakshmi Appellant
V/S
Kosalai Respondents

JUDGEMENT

(1.) The claimants, who are the wife and minor child of one C.Manivelan, who died in a motor accident on 19.02.2011 are the appellants.

(2.) According to the claimants, the deceased was a partner in a partnership firm carrying on business in courier service viz., Trinity Express Courier Service and was earning a sum of Rs.1,20,000/- per month. The claimants sought for compensation of Rs.75 lakhs.

(3.) The claim was resisted by the Insurance company by contending that the accident did not occur due to the rash and negligent driving of the offending vehicle viz., the lorry and that the driver of the lorry did not have valid license. On the quantum, the Insurance Company denied the fact that the deceased was carrying on business in courier service. The compensation claimed was also termed as "Excessive".