DIVISIONAL MANAGER ORIENTAL INSURANCE COMPANY LIMITED Vs. ELAYAPALLAVAN
LAWS(MAD)-2018-9-57
HIGH COURT OF MADRAS
Decided on
September 04,2018
Divisional Manager Oriental Insurance Company Limited
Appellant
VERSUS
Elayapallavan
Respondents
JUDGEMENT
R.Subramanian, J. -
(1.)These two appeals arise out of the same accident. The appeal in CMA.No.1197 of 2016 has been filed by the Insurance Company which suffered an award for payment of a sum of Rs. 4,00,500/- for the injuries caused to the 1st respondent/ claimant in the motor accident that occurred on 21.10.2009 at 4.00 hours on the Bangalore to Chennai Highways in front of Kattinampatti Murugan Temple. The appeal in CMA.No.1410 of 2017 is also filed by the same Insurance Company against the judgment in MCOP.No.66 of 2013 awarding a compensation of Rs. 37,54,700/- for the death of one Prasad in the same accident.
(2.)According to the claimant in MCOP.No.1351 of 2013, the accident occurred due to the rash and negligent driving of the driver of the Hyundai car bearing registration No.TN-24-D-5555. While narrating the manner in which the accident took place the claimant who was the passenger in the car would claim that while he was returning from Bangalore to Bargur in the car driven by his friend one S.Prasad, a container lorry bearing registration No.KA-03-C-2762 which was proceeding ahead of them suddenly stopped in the middle of the road without giving any signal or indication. It is also claimed that there were no break lamps or tail lights in the lorry which led to the car dashing against the lorry on the rear side. As the result of the accident, the driver of the car Prasad died and the claimant suffered grievous injuries, which resulted in permanent disability.
(3.)It is also claimed that an FIR was registered by the Krishnagiri town Police in Crime No.1739 of 2009 and in the FIR a statement has been obtained from the claimant when he was in an unconscious state stating that the accident occurred due to the rash and negligent driving of the car driver. Disowning the said statement, the claimant would seek compensation from the owner and the insurer of the lorry bearing registration No.KA-03-C-2762. The claimant would also seek payment of a sum of Rs. 7,00,000/- towards compensation for the injuries sustained by him.
(2.)According to the claimant in MCOP.No.1351 of 2013, the accident occurred due to the rash and negligent driving of the driver of the Hyundai car bearing registration No.TN-24-D-5555. While narrating the manner in which the accident took place the claimant who was the passenger in the car would claim that while he was returning from Bangalore to Bargur in the car driven by his friend one S.Prasad, a container lorry bearing registration No.KA-03-C-2762 which was proceeding ahead of them suddenly stopped in the middle of the road without giving any signal or indication. It is also claimed that there were no break lamps or tail lights in the lorry which led to the car dashing against the lorry on the rear side. As the result of the accident, the driver of the car Prasad died and the claimant suffered grievous injuries, which resulted in permanent disability.
(3.)It is also claimed that an FIR was registered by the Krishnagiri town Police in Crime No.1739 of 2009 and in the FIR a statement has been obtained from the claimant when he was in an unconscious state stating that the accident occurred due to the rash and negligent driving of the car driver. Disowning the said statement, the claimant would seek compensation from the owner and the insurer of the lorry bearing registration No.KA-03-C-2762. The claimant would also seek payment of a sum of Rs. 7,00,000/- towards compensation for the injuries sustained by him.
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