NATIONAL INSURANCE CO LTD Vs. NAGARAJAN

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is directed under Section 173 of Motor Vehicles Act, 1988, by the National Insurance Company, as against the award dated 31.07.2003 made in M.C.O.P.No.1861 of 1999 on the file of the Motor Accidents Claims Tribunal, I Additional District Judge, Madurai.

(2.) Heard the learned counsel appearing for the appellant/Insurance Company and the learned counsel for the respondents 1 and 2.

(3.) Brief facts of the case are that on 11.08.1999, at about 05.00 p.m when the deceased Sornagandhi was travelling along with her daughter, the second respondent herein and her sister Meenal in the third respondent's Auto bearing Registration No. TN 59 L 6543, the Auto driven by its driver in a rash and negligent manner with high speed dashed against the road side stone. As a result, the Auto capsized on the left side of the road. The deceased Sornagandhi sustained injuries on her leg and she died due to the said injuries on the same day at about 08.00 p.m. The son and daughter of the deceased filed a petition claiming compensation of Rs.3 lakhs.