UNITED INDIA INSURANCE CO LTD Vs. ARUKKANI

JUDGEMENT

(1.) These two appeals are directed against the award passed by the Motor Accident Claims Tribunal, Subordinate Judge, Rasipuram in M.C.O.P.No.392 of 2012 dated 28.04.2015.

(2.) The dependants of the deceased Subbu @ Subramani filed claim petition in M.C.O.P.No.392 of 2012 against the owner of TATA Ace bearing registration No.TN 28 AZ 3839 and its Insurer viz., United India Insurance Company Ltd., Rasipuram seeking compensation of Rs.15 lakhs. As per the claim petition, the accident occurred while Subbu @ Subramani along with another person were travelling in a TATA Ace LMV goods carrier vehicle transporting cattle (cows). As per the F.I.R., the cattle became restless and rattling the vehicle, so the deceased tried to pacify the cattle but fell from the vehicle and sustained fatal injury.

(3.) The first information report was given by one Palanisamy who was copassenger in the said LMV goods carrier. He was not examined by the claimants instead, a stranger by name Annadurai examined as P.W.2 has deposed that he saw the accident while travelling in his Two Wheeler. Due to rash and negligent driving of TATA Ace Driver, the vehicle ran into a ditch and turned turtle in which, Subbu @ Subramani sustained injury and died.