NEW INDIA ASSURANCE CO LTD Vs. MOHAN

JUDGEMENT

(1.) The above Civil Miscellaneous Appeal has been filed by the appellant/second respondent against the Award and Decree, dated 11.01.2007, made in M.C.O.P.No.488 of 2005, on the file of the Motor Accident Claims Tribunal, Principle District Judge, Namakkal, awarding a compensation of Rs.3,61,300/- with 7.5% 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/second respondent, The New India Assurance Co., Ltd., has filed the above appeal praying to set aside the said award and decree.

(3.) The short facts of the case are as follows: On 24.05.2005, at about 4.30 a.m. when one Satheesh Kumar was pushing the bicycle loaded with tamarind tree logs with the deceased Ganesan also pushing the above said bicycle from behind, on the Rasipuram to Tiruchengode Road near Palapalayam Bridge, a SPBS bus bearing registration No.TN28 Q1369, coming from Rasipuram to Tiruchengode and driven by its driver in a rash and negligent manner and without following road traffic rules, hit the backside of the bicycle and the deceased Ganesan was thrown away and fell down. Due to this accident, the above said Ganesan sustained multiple grievous injuries and died on the spot itself. The accident had occurred only due to the rash and negligent driving of the driver of vehicle bearing registration No.TN28 Q1369.