UNITED INDIA INSURANCE CO LTD Vs. MARAGATHAM

JUDGEMENT

(1.) The Insurance Company is the appellant. It is aggrieved by the impugned Judgment and Decree dated 12.11.2007 passed by the Motor Accidents Claims Tribunal, (III Court of Small Causes, Chennai), Chennai, in M.C.O.P.No.3783 of 2000.

(2.) By the impugned Judgment and Decree, the Tribunal has awarded a sum of Rs.4,00,000/- as compensation together with interest at 7.5% p.a. from the date of numbering of the claim petition till the date of deposit with costs, payable by the appellant Insurance Company, to the 1st to 3rd respondents who were the claimants before the Tribunal. The 1st to 3rd respondents are the wife, the minor child and the father of the deceased N.Balasubramaniam aged about 34 years at the time of accident and death.

(3.) The case of the 1st to 3rd respondents/claimants before the Tribunal was that on 10.12.1999 at about 23.45 hours, the deceased Balasubramaniam was driving a Auto bearing registration No.TN-01-K-6577 on Poonamallee High Road, near Rohini Theater, when a lorry bearing registration No.TN-23-A-8069 belonging to the 4th respondent, insured with the appellant Insurance Company, driven by its driver in a rash and negligent manner, hit the said auto, as a result of which, the said deceased Balasubramaniam sustained grievous injuries and later died.