BRANCH MANAGER ORIENTAL INSURANCE CO LTD Vs. PADMAVATHI

JUDGEMENT

(1.) The appellant/respondent No. 2, insurance company, has preferred this appeal as against the award dated 5.3.2004 passed in M.A.C.T.O.P. No. 1078 of 2002 by the Motor Accidents Claims Tribunal (Principal Sub-Judge), Tindivanam in awarding the compensation of Rs. 15,72,500 together with interest at 9 per cent per annum from the date of filing of the petition till the date of deposit, etc. The Tribunal on an appreciation of oral and documentary evidence had accepted the evidence of PW 2 (who was pillion rider on Hero Honda motor cycle driven by the deceased Sureshbabu) to the effect that the driver of the lorry No. PY 01-E 0469 drove the lorry in a fast speed and was responsible for the happening of the accident. Therefore, we are in complete agreement with the view taken by the Tribunal in holding that the driver of the lorry was responsible for the accident.

(2.) Respondent Nos. 1 to 5-claimants being the wife, daughter, son and parents of the deceased had preferred a claim application seeking total compensation of Rs. 30,00,000 for the death of Sureshbabu being the husband of the respondent No. 1, father of respondent Nos. 2 and 3 and son of respondent Nos. 4 and 5.

(3.) Before the Tribunal, on the side of the respondents-claimants, PWs 1 to 5 were examined and Exhs. P1 to P24 were marked. On the side of appellant insurance company and the owner of the lorry, no one was examined and no documents were marked.