UNITED INDIA INSURANCE CO LTD Vs. KAMATCHI; R GANESAN; R GOPINATH; THAMARAI SELVAN; MARUTHAYEE AMMAL; R MEENAKSHI VELAR; THAVEMANAI

JUDGEMENT

(1.) The United India Insurance Company is on appeal challenging the award dated 29.10.2008 passed in M.C.O.P.No.2003 of 2004 on the file of the Motor Accidents Claims Tribunal (Additional District and Sessions Judge, Fast Track Court No.3), Madurai.

(2.) It is a case of fatal accident. The brief facts of the case are as follows:- The accident in this case happened on 8.3.2004 at 9.30 a.m. The deceased Ramu, aged about 40 years, a salesman was proceeding to his company situated at Avaniapuram, was hit by the lorry insured with the appellant. In that accident the said Ramu suffered grievous injuries and died on the spot. The wife aged 30 years, three minor sons aged 7, 6 and 5 years respectively, mother aged 60 years and father aged 65 years claimed compensation in a sum of Rs.6,00,000/- stating that the deceased was earning a sum of Rs.5,000/- per month.

(3.) In support of the claim, the wife of the deceased was examined as P.W.1 and one Mr.Arumugam, the eye witness to the accident as P.W.2 and one Mr.Ramar, a co-worker as P.W.3. Exs.P-1 to P-11 were marked, the details of which are as follows:-