NATIONAL INSURANCE COMPANY LIMITED Vs. SAROJA

JUDGEMENT

(1.) Challenging the award passed by the Motor Accident Claims Tribunal (Additional District Judge-cum-Fast Track Court No.II),Tirunelveli. in M.C.O.P.No. 1116 of 2004, dated 8.2.2006 , the appellant/Insurance Company has filed this appeal.

(2.) Since two claim petitions were filed arising out of the same accident, they were tried together and disposed of by common judgment dated 8.2.2006

(3.) Facts in Brief: On 13.8.2004 at 4.00p.m., one Soundarapandian, husband of one Rethanavathi who was travelling in the Maruthi Suzuki Car bearing Registration No., TN 04 7246 along Tiruchendur Kulasekaranpattinam Road in the south-north direction, the vehicle was driven by its driver, the second respondent herein in a rash and negligent manner. He lost control of the vehicle and hit against the claimant and one Saradha, claimant in M.C.O.P.No.1114 of 2004 who were standing in street to get water from the water pipe and rammed a coconut tree, in which, the said soundarapandian died on the spot and the claimant/first respondent herein sustained fractures in the right hand and left chronicle bone and also other simple injuries. The first respondent herein/claimant has assessed the compensation at Rs.7,18,000/-, however, restricted her claim to Rs.3 lakhs .