ORIENTAL INSURANCE CO LTD Vs. SUMATHI

JUDGEMENT

(1.) The above Civil Miscellaneous Appeal has been filed by the appellant/third respondent against the Award and Decree, dated 05.04.2002, made in M.C.O.P.No.45 of 1999, on the file of the Motor Accident Claims Tribunal, Sub Court, Krishnagiri, awarding a compensation of Rs.3,55,000/- with 9% interest per annum, from the date of filing petition till the date of payment of compensation.

(2.) Aggrieved by the said Award and Decree, the appellant/third respondent has filed the above appeal praying to set aside the award and decree passed by the Tribunal.

(3.) The short facts of the case are as follows: On 23.06.1989, the (deceased) Sekar along with Constable (1035 CPI) V.Veeramani were going in a Yamaha Motor Cycle TDD 9314 from Donkanimottah to Kotunchentrammon Official duties. The motorcycle was driven by Veeramani and the (deceased) Sekar was travelling as a pillion rider. The said vehicle was driven in a rash and negligent manner, and near Marakatta Village, the vehicle dashed against a stone in the road and capsized. Due to the accident, the (deceased) Sekar sustained injuries in between his left check and eye and another injury on his right fore arm and blood oozed out from both his ears. He was immediately taken to the Donkanikottai Government Hospital, but he succumbed to his injuries.