NEW INDIA ASSURANCE CO. LTD. Vs. S.PREMALATHA
LAWS(MAD)-2022-11-293
HIGH COURT OF MADRAS
Decided on November 30,2022

NEW INDIA ASSURANCE CO. LTD. Appellant
VERSUS
S.Premalatha Respondents


Referred Judgements :-

SARALA VERMA VS. DELHI TRANSPORT CORPORATION [REFERRED TO]
UNITED INDIA INSURANCE CO. LTD.,VS. DHANABALAN AND OTHERS [REFERRED TO]
R.VALLI VS. TAMIL NADU STATE TRANSPORT CORPORATION LTD. [REFERRED TO]
UNITED INDIA INSURANCE CO LIMITED VS. PATRICIA JEAN MAHAJAN [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. PRANAY SETHI [REFERRED TO]


JUDGEMENT

- (1.)C.M.A.No.300 of 2022 has been filed by the appellant-Insurance Company against the judgment and decree dtd. 3/2/2021, made in M.C.O.P. No.105 of 2016, on the file of the Sub Court, (Motor Accident Claims Tribunal) Udumalpet. Cross Objection No.104 of 2022 has been filed by the appellantsclaimants questioning 75% negligence fixed on the part of the deceased Elango and also seeking enhancement of the compensation granted by the Tribunal in the award dtd. 3/2/2021, made in M.C.O.P. No.105 of 2016, on the file of the Sub Court, (Motor Accident Claims Tribunal) Udumalpet.
(2.)The respondents 1 to 3 filed M.C.O.P. No.105 of 2016, on the file of the Sub Court, (Motor Accident Claims Tribunal) Udumalpet, claiming a sum of Rs.4,00,00,000.00 as compensation for the death of one Elango, who died in the accident that took place on 11/4/2015.
(3.)According to the respondents 1 to 3, on the date of accident, when the deceased Elango was driving a Maruti Car bearing Registration No.TN-38-Q3211 from Coimbatore to his native village, Pallapalayam, while proceeding from West to East near UKP Farm lands on the Pollachi-Udumalpet Highway road, at about 12.40 hours, the 4th respondent/driver of the Bus bearing Registration No.TN-41-YT-9923 drove the same in an utmost speed with excess passengers, violating all the principles of traffic rules, dashed against the Maruti Car driven by the said Elango and caused the accident. In the accident, the said Elango sustained fatal injuries. The accident occurred only due to rash and negligent driving of the Bus by the 4th respondent and hence, the respondents 1 to 3 filed the said claim petition claiming compensation for the death of Elango, against the respondents 4 and 5 as driver and owner and appellant, as insurer of the said Bus respectively.


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