NATIONAL INSURANCE CO.LTD Vs. ANBARASI

JUDGEMENT

(1.) The appellant is the insurer of the Lorry which was responsible for the fatal accident along with the car in which the deceased was travelling.

(2.) The deceased was travelling in Innova Car bearing Registration No.TN-05-AF-0712 which dashed against the lorry bearing Registration No.TN-47-M-0578. Due to the accident caused, the deceased died. Respondents 1 to 3 are the claimants, being the wife and the two minor children of the deceased. The Tribunal has fixed the compensation at Rs.39,25,000/- with appropriate apportionment among the claimants. Challenging the same, the present appeal is filed.

(3.) The learned counsel appearing for the appellant submitted that the appeal is liable to be allowed both on negligence and quantum. Even as per FIR given under Ex.P1, the car got punctured and thereafter, it veered towards the right and dashed against the lorry which has been insured with the appellant. Therefore, at best, it is the case of composite negligence. In support of his contention, the learned counsel has placed reliance upon the judgement in Khenyei Vs. New India Assurance Company Ltd., and Ors (2015 (1) TNMAC 801 (SC)).