P VASANTHI Vs. P THAMBUSWAMY

JUDGEMENT

(1.) This appeal has been filed by Bajaj Allianz General Insurance Co. Ltd against the award dated 01.07.2008 in M.C.O.P.No.579 of 2005 on the file of the I Additional District Court, Erode.

(2.) The respondents/claimants are the legal heirs of one Padmanaban, who died in a road accident. The said Padmanaban was walking on Rasipuram-Salem main road on 29.03.2005 at about 9.30 a.m., proceeding to the Head Post Office, Rasipuram, at that time, a TVS 50 bearing registration No.TN-28L-4701 driven by the third respondent herein coming from the opposite direction dashed on Padmanaban and thus the accident occurred, he was immediately taken to Dr.Manickam Hospital, from where he was shifted to Kaveri Medical Centre, Erode for better treatment and despite such treatment, he succumbed to the injuries on 31.03.2005. The deceased was aged about 56 years at the time of accident and he was working as the Senior Accountant Officer in the office of the Accountant General Office, Chennai and was drawing a monthly salary of Rs.29,073/- and he was the only breadwinner of his family and the claimants are his wife and minor son.

(3.) The owner of the vehicle opposed the claim as regards the nature of the accident as well as the amount of compensation claimed. The appellant Insurance company denied the accident. Further, it was contended that the rider of the two wheeler did not have valid licence on the date of the accident and the fourth respondent herein did not insure the vehicle and therefore, the claim is liable to be dismissed. Further, it was stated that the victim died due to heart ailment and not due to injuries sustained.