SUMATHI Vs. NATIONAL INSURANCE CO. LTD.

JUDGEMENT

(1.) Leave granted.

(2.) This civil appeal is filed by legal heirs of the deceased - Late Balasubramanian, aggrieved by the judgment dated 8 th November, 2017 passed by the Madurai Bench of Madras High Court in CMA(MD) No.1135 of 2015. By the aforesaid judgment, the High Court has allowed the Misc. Appeal filed by the Insurance Company under Sec. 173 of the Motor Vehicles Act, 1988, reducing the compensation from Rs.40,16,496.00 to Rs.25,25,000.00.

(3.) The appellants herein, are legal heirs of the deceased and have filed a claim petition bearing MACOP No.76 of 2011 before the Motor Accident Claims Tribunal, Subordinate Court, Paramakudi, claiming compensation of Rs.40,00,000.00. In the claim petition, it was the case of the appellants that the deceased, on the date of accident, was going to attend a teachers' meeting at Erode and was travelling in Mahindra Van bearing no.TN-65-2979, which belonged to the first respondent. The van in which he was travelling, met with an accident by dashing against a lorry. In the said accident, the deceased -Late Balasubramanian sustained injuries and subsequently, he succumbed to injuries in the hospital.