NEW INDIA ASSURANCE CO LTD Vs. KANTHAMANI AMMAL

JUDGEMENT

(1.) The above Civil Miscellaneous Appeal has been filed by the appellant/fourth respondent against the Award and Decree, dated 11.03.2004, made in M.C.O.P.No.30 of 2003, on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Villupuram, awarding a compensation of Rs.4,12,500/- together with 9% interest per annum, from the date of filing the claim petition till the date of payment of compensation.

(2.) Aggrieved by the said Award and Decree, the appellant/fourth 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 20.10.1999, at 01.00 a.m. the claimant's son had driven the Maruthi Van bearing registration No.TN39 M1719, belonging to the third respondent and insured with the fourth respondent, on the Dindugal Ottanchathiram main road. While, he was nearing Rettaikkadu, at that point of time, the van bearing registration No.TN72 Z3915, belonging to the first respondent and insured with the second respondent, came in the opposite direction in a zig-zag manner and at high speed and dashed against the petitioner's vehicle. In the result, he sustained grievous injuries, in which he succumbed on the spot. At the time of the accident, he was aged 28 years and earning a sum of Rs.6,000/- as working as driver. The accident had happened due to the rash and negligent driving of the driver of the first respondent's vehicle. Therefore, the respondents are liable to pay compensation to the petitioner. As such, the petitioner claimed a compensation of Rs.10,00,000/- before the Tribunal.