NATIONAL INSURANCE CO. LTD. Vs. R.SHANTHI

JUDGEMENT

(1.) This appeal is preferred by the insurance company, challenging both negligence and quantum.

(2.) The Tribunal, after considering the materials, was pleased to award a sum of Rs.35,07,000/- in favour of respondents 1 and 2, who are the parents of the deceased, aged about 26 years. The deceased was driving a car on 27.01.2011 bearing Regn. No.TN 22 U 8920. P.W.2 who is also the second claimant was travelling along with the deceased being an injured witness. It is the case of respondents 1 and 2 that the lorry which has been insured suddenly overturned on the curve without reducing the speed causing fatal injury. Much reliance has been made on the complaint given in Ex.P1 (First Information Report) and the evidence of P.W.2. The appellant placed reliance upon Ex.R1 which is the rough sketch. The Tribunal, after considering the aforesaid material, was pleased to hold that negligence is to be attributed on the part of the driver of the lorry which has been insured with the appellant. A total sum of Rs.35,07,000/- has been awarded by the Tribunal by fixing the loss of income at Rs.28,80,000/-, funeral expenses and legal expenses - Rs.50,000/-, loss of estate Rs.1,00,000/-, loss of expectation of life - Rs.1,00,000/-, loss of love and affection - Rs.3,50,000/-, transportation charges - Rs.25,000/- and damage to clothing - R.2,000/-.

(3.) Learned counsel appearing for the appellant would submit that the Tribunal could have accepted Ex.R1 as against Ex.P1. P.W.2 is none other than the father of the deceased being the second respondent. The car dashed against the lorry from behind. Therefore, the negligence will have to be fixed on the deceased.