UNITED INDIA INSURANCE CO. LTD. Vs. P. SIVAKAMI

JUDGEMENT

(1.) These appeals have been preferred by the insurance company (CMA No. 4167 of 2008) as well as by the owner of the vehicle (CMA No. 1805 of 2017) against the award passed by the Tribunal awarding a sum of Rs. 28,27,415 for the death of one M. Pandithurai, aged about 48 years, Production Officer in Hindustan Lever Ltd., earning about Rs. 27,500, in the accident which occurred on 28.1.2004, when he was riding his motor cycle, which was hit by the tractor-trailer belonging to the appellant in CMA No. 1805 of 2017.

(2.) Heard Mr. R, Mohan Babu, learned counsel appearing for the appellant in CMA No. 4167 of 2008 (hereinafter referred to as 'the insurance company'); Dr. A.E. Chellaiah, learned senior counsel appearing for the appellant in CMA No. 1805 of 2017 (hereinafter referred to as 'the owner of the vehicle'); and Mr. Balaji Prasad, learned counsel appearing for respondent Nos. 1 to 4 in both the appeals (hereinafter referred to as 'the claimants'), for the sake of convenience.

(3.) The case of the claimants before the Tribunal was that the deceased was riding his motor cycle from Hindustan Lever Ltd., tea factory, towards his residence at Etah town, Uttar Pradesh. When he approached the bridge on Kasganj Road, a tractor-trailer, belonging to the Executive Officer, Nagar Palika Parishad (owner), came in a rash and negligent manner and hit against the victim's motor cycle perpendicularly, resulting in falling of the victim on the metal wire that was used to attach the trailer, thereby slitting his throat, consequent to which he died. Therefore, the claim petition.