UNITED INDIA INSURANCE COMPANY LTD Vs. KRISHNAVENI
HIGH COURT OF MADRAS
UNITED INDIA INSURANCE COMPANY LTD
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(1.) Aggrieved by the award dated 11/07/2013 passed by the Motor Accident Claims Tribunal, Gudiyatham in M.C.O.P.No.215 of 2009, fixing the liability on the Insurer, the United India Insurance Co.,Ltd, has filed the above appeal.
(2.) The claim petition under section 166 of the Motor Vehicles Act, filed by the respondents 1 and 2 against the appellant (Insurer) and the 3rd respondent (Insured) herein was allowed by the Tribunal by awarding a sum of Rs 7,56,000/- with 7.5% interest payable by the Insurer and the Insured jointly and severely. The same is challenged by the Insurer as contrary to law and excessive.
(3.) The third respondent herein is the owner of the TATA Sumo Car bearing registration No. TN 32 A 4995. The vehicle had insurance coverage under the appellant. It has package policy valid between 18/09/2008 and 17/09/2009. On 29/03/2009, the vehicle capsized on the Bangalore - Chennai National Highways near Neervallur Village when its Driver suddenly applied brake to avoid hitting a bullock crossing the road. The Driver and 4 others got injured. They all were taken to the Meenakshi Medical College Hospital. Later, the Driver Chakravarthy who was injured severely was shifted to Ramachandra Medical College for better treatment. Thiru.Rajesh, the owner of the car/the third respondent herein, who was one of the occupants in the Car gave the first information to the Police. Based on his information, FIR was registered against the Driver of the Car for his rash and negligent driving. The Driver died on 28/04/2008 in the hospital.;
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