BRANCH MANAGER,ORIENTAL INSURANCE COMPANY LIMITED Vs. POONGAVANAM

JUDGEMENT

(1.) The civil miscellaneous appeal is filed against the judgment and decree dated 05.11.2015 passed in M.C.O.P.No.108 of 2013.

(2.) The claim petition was filed under Section 163(A) of the Motor Vehicles Act, 1988 and Section 3 of the Tamil Nadu Motor Accident Tribunal Rules, 1989, claiming a sum of Rs.10,00,000/- as compensation for the death of one Mr.Mani.

(3.) The case of the petitioner is as explained hereunder: On 2811.2008 at about 2.00 A.M., the deceased Mani was driving his own Lorry bearing Registration No.TAL-6725 from Tiruvannamalai towards Bangalore. When the said Lorry was proceeding at Tiruvannamalai to Krishnagiri Road near Chinnapanamutlu Gowtham Dhaba Hotel, a cow suddenly crossed the road and the driver of the lorry applied the break, lost control over the vehicle and hit against the Tamarind Tree. In the said accident, the above said Tr.Mani sustained injuries and then after continuous treatment died on 08.1.2009. The first petitioner is the wife and 2 http://www.judis.nic.in C.M.A.No.1017 of 2016 to 5 petitioners are the daughters of deceased Tr.Mani. The deceased Tr.Mani was earning Rs.3,200/- per month as a owner cum driver of the lorry. Due to the death of Tr.Mani, the petitioners and their family members became helpless and put to great loss. The S.I of Police, Kanthikuppam Police Station at Krishnagiri District had registered a case in Cr.No.35/2009 U/Sec.279, 337, 304(A) IPC. The offending vehicle belongs to the deceased Tr.Mani and the vehicle is insured with respondent's insurance company. Hence the petitioners claim Rs.10,00,000/- as compensation, which is to be paid by the respondent.