GENERAL MANAGER, NATIONAL INSURANCE CO. LTD Vs. VAIRAPERUMAL

JUDGEMENT

(1.) This appeal has been preferred by the appellant/Insurance Company challenging the award of the Motor Accident Claims Tribunal, Additional District Court, Fast Track Court No.II, Trichy passed in M.C.O.P.No.1489 of 2001, dated 11.08.2005.

(2.) This is a case of fatal accident. The deceased was a bachelor aged about 23 years at the time of accident. The claimants are parents and sister of the deceased. It is their case that the deceased was a driver by profession and he was earning a sum of Rs.5,000/- per month. However, on 09.12.2000 when he was walking on TrichyMadurai National Highways, he was hit by a speedy lorry bearing Registration No.TNS-8458 and immediately, he was taken to Government Hospital, Trichy and he died on 10.12.2000. The claimants sought total compensation of Rs.10,00,000/- contending that the driver of the lorry was responsible for the accident.

(3.) The claim petition was contested by the appellant/Insurance Company disputing the involvement of the lorry in the accident and also stated that the claim was excessive.