UNITED INDIA INSURANCE COMPANY LTD Vs. ELANCHERAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal arises against the judgment passed by MACT O.P.Tribunal Sub Judge, Kallakuruchi in MCOP No.236 of 2003 (FTC No.236/2003) dated 12.01.2004.

(2.) The short facts of the case are as follows: M.C.O.P.No.236 of 2003 came to be filed by the petitioners therein since the father of the petitioners, aged 75 years, met his death in an accident that occurred at about 4.30 hours on 23.12.2000. The 1st respondent in the MCOP is the owner of a lorry bearing registration No.TN-67-2446 and the same had been engaged by the petitioners' father and others for the purpose of attending a political function at Chennai. The lorry was proceeding from Chellampattu village towards Chennai and the same met with an accident at G.N.T.Road, Pathirapuliyur. Seven persons suffered injuries, of whom the petitioners' father sustained grievous injuries and died, despite treatment at the Government Hospital, Tindivanam. The factum of accident having been caused by negligence is not in dispute.

(3.) The 1st respondent before the Tribunal is the owner of the vehicle, while the 2nd respondent is the insurance company/appellant before this Court. Before the Tribunal, the respondents/petitioners examined two witnesses and the following documents were marked: Ex.P1:First Information Report Ex.P2:Postmortem Report Ex.P3:Copy of the Insurance Policy issued by the appellant Ex.P4:Legal heir certificate Two witnesses were examined on behalf of the appellant/respondent and the copy of the policy issued by the appellant was marked as Ex.D1.