LAWS(MAD)-2010-4-336

NEW INDIA ASSURANCE CO LTD Vs. R TAMILSELVI

Decided On April 19, 2010
NEW INDIA ASSURANCE CO.LTD Appellant
V/S
VALLIAMMAL Respondents

JUDGEMENT

(1.) This Appeal arises out of the judgment in M.C.O.P.No.1014 of 2000 on the file of Motor Accident Claims Tribunal (Additional District Judge (Fast Track Court No.5), at Tiruppur awarding compensation of Rs.11,28,000/- for the death of Ramasamy. Respondents 1 to 5 are the wife, children and mother of deceased Ramasamy.

(2.) Respondents No.2 and 3, being minors, are represented by Respondent No.1. Even though Respondents 1 and 4 were served, they have not entered appearance. Their names were printed in the cause list. Since the accident was in the year 2000, even though the Respondents have not entered appearance, we have proceeded to hear the counsel for the Appellant and consider the matter on merits.

(3.) The facts that led to the filing of the claim petition are that on 6.4.2000 at about 19.15 hrs, when the deceased Ramasamy was driving the Moped TVS 50 bearing Registration No.TN 39 K 1030 from east to west on the left side of Palladam to Dharapuram Road, a container lorry bearing Registration No.TN-69-E-1989 was driven by the 1st Respondent in the opposite direction from west to east in a rash and negligent manner and dashed against the moped and caused severe head injury and multiple injuries to the deceased Ramasamy, who died on the spot. Criminal case was registered in Cr.No.215 of 2000 on the file of Palladam Police Station. Deceased was an agriculturist owning about 20 acres of land with P.A.P.irrigation and he was earning more than Rs.3 lakhs per year by raising onion and other crops. Alleging that the accident was due to rash and negligent driving of container lorry driver, Claimants have filed the Claim Petition claiming compensation of Rs.51,66,000/-.