NATIONAL INSURANCE CO.LTD. Vs. LAKSHMI

JUDGEMENT

(1.) The appeal has been preferred by the Insurance Company against the award of Rs. 2,25,000/-passed in favour of the claimants.

(2.) The facts of the case are as follows: On 10.4.2005 the first Respondent along with his minor son was walking on the road towards left hand side. The Amasaddar car belonging to the third Respondent herein driven rash and negligently hit the first Respondent's minor son namely Kandan, who was taken to Edaikal Primary Health Center and then to Thenkasi Government Hospital, where the minor Kandan was declared dead. Therefore the claim petition was filed to the tune of Rs. 5,00,000/

(3.) The third Respondent herein, Respondent/owner of the vehicle filed a counter denying allegation that the car was driven rash and negligently. However he pleaded that the vehicle was insured with the Appellant Insurance Company. The Appellant contended before the Trial Court that the victim suddenly crossed the road without noticing on coming Ambassador car and therefore there was a contributory negligence on the part of the deceased and that the Ambasaddar Car was a Tourist Taxi and that the third Respondent who drove the vehicle did not have the batch number to drive the Tourist vehicle at the time of the accident.