NEW INDIA ASSURANCE COMPANY, KANYAKUMARI DISTRICT Vs. SIVASUNDARAVADIVU

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal has been filed by the appellant Insurance Company against the award, dated 20.11.2001, made in M.A.C.T.O.P.No.228 of 1999, on the file of the Motor Accident Claims Tribunal (First Additional District Judge -cum -Chief Judicial Magistrate), Tirunelveli, awarding Rs.1,38,000/ - to the respondents 1 and 2 along with 9% interest and cost payable by the appellant.

(2.) THE respondents 1 and 2 herein are the claimants before the Tribunal. The first claimant is the mother and second claimant is the younger brother of the deceased Balasubramanian. The deceased Balasubramanian travelled in a Maxi -cab Van bearing Registration No.TN 72 -9492, owned by the respondents 3 and 4 herein on 15.08.1997. It was proceeding from Sathankulam -Nazareth road and the van hit against the bridge and capsized near Aron Technical Institute.

(3.) THE van was driven in a rash and negligent manner by the driver, resulting in the accident and due to the accident Thiru.Balasubramanian died. The deceased was aged about 21 years at the time of accident. The respondents 1 and 2 are depending on the deceased Balasubramanian and the second respondent is a handicapped person. The respondents 1 and 2 claimed a sum of Rs.1,50,000/ - as compensation before the Tribunal. The first claimant was examined as P.W.1. One Mr.Muthaiah was examined as P.W.2. The documents Exs.P.1 to P.4 were marked on the side of the claimants. One witness was examined on the side of the Insurance Company as R.W.1 and the documents Exs.R.1 to R.7 were marked on the side of the Insurance Company. The Tribunal passed an award dated 20.11.2001, awarding a sum of Rs.1,38,000/ - as compensation. The present appeal is against the award passed by the Tribunal.