NEW INDIA ASSURANCE COMPANY LTD Vs. KALAIVANI

JUDGEMENT

(1.) The Appellant/Third Respondent Insurance Company has preferred this appeal as against the award dated 20.01.2005 passed in M.C.O.P. No.553 of 2001 by the Motor Accidents Claims Tribunal(Additional District and Sessions Court, Fast Track Court No.2), Coimbatore in awarding the compensation of Rs.31,10,000/- together with interest at 9% per annum from the date of filing of the petition till the date of deposit, etc.,

(2.) The Tribunal on an appreciation of oral and documentary evidence had accepted the evidence of P.W.1/wife of the deceased (who was also travelled with the deceased) to the effect that the driver of the Tempo bearing Registration No.TN 38 C 1400 drove the vehicle in a rash and negligent manner and was responsible for the happening of occurrence. Therefore, we are in complete agreement with the view taken by the Tribunal in holding that the driver of the tempo was responsible for the accident.

(3.) Respondents 1 to 4/claimants being the wife, daughter, son and mother of the deceased, had preferred a claim petition seeking total compensation of Rs.1,00,00,000/- for the death of Kulandaikumaran being the husband of the first respondent, father of respondents 2 and 3 and son of respondent 4.