MANAGER Vs. KANNAMMA

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is filed by the appellant-Insurance Company challenging the award dated 31.07.2019 made in M.C.O.P.No.68 of 2017 on the file of the Motor Accident Claims Tribunal, Special District Court No.I, Tiruvallur.

(2.) The appellant/Insurance Company is the 2nd respondent in M.C.O.P.No.68 of 2017 on the file of the Motor Accident Claims Tribunal, Special District Court No.I, Tiruvallur. The respondents 1 & 2 filed the said claim petition claiming a sum of Rs.15,00,000/- as compensation for the death of their mother Kowsalya who died in the accident that took place on 22.04.2017.

(3.) According to the respondents 1 and 2, on 22.04.2017 at about 1.15 p.m while the deceased kowsalya was returning home in the Tractor on Nagari- Nagalapuram Road, in front of Prodential Sugar Factory, near Nindra cross road, the driver of the Tractor drove the same in a rash and negligent manner, at a high speed and dashed against the speed breaker and caused the accident. In the accident, the said kowsalya sustained grievous injuries and she was taken to Government Hospital, Puthur, Andra Pradesh. Inspite of treatment, the said kowsalya succumbed to injuries on the same day. At the time of accident, the deceased was aged about 51 years and was doing Agricultural work and earning a sum of Rs.500/- per day. Therefore, the respondents 1 and 2 being the daughters of the deceased filed the claim petition claiming a sum of Rs.15,00,000/- as compensation against the 3rd respondent and appellant-Insurance Company, being the owner and insurer of the Tractor respectively.