NATIONAL INSURANCE CO LTD Vs. GOWRAMMA

JUDGEMENT

(1.) The above Civil Miscellaneous Appeal has been filed by the appellant/second respondent against the Award and Decree, dated 31.12.2008, made in M.C.O.P.No.1154 of 2001, on the file of the Motor Accident Claims Tribunal, Principal District Court, Krishnagiri, awarding a compensation of Rs.4,15,000/- together with interest at the rate of 9% per annum from the date of filing the petition till the date of payment of compensation.

(2.) Aggreived by the said Award and Decree, the appellant/second respondent, The National Insurance Co., Ltd., Branch Office, Dharmapuri-636 701, 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 13.11.2000, at 18.30 hours, when the (deceased) Elakkiyappa, aged about 45 years, was proceeding in his TVS50 motorcycle, on the Athimugam to Berigai road, towards Berigai on the extreme left side mud portion of the road. A Tempo van bearing registration No.TN29 A9955, belonging to the first respondent and insured with the second respondent, was driven by its driver in a rash and negligent manner and coming on the Berigai to Athimugam road, in the opposite direction, dashed against the TVS50 motorcycle and the petitioner. Due to the impact, the deceased was thrown out of the vehicle and sustained fatal injuries and died on the spot.