NEW INDIA ASSURANCE COMPANY LIMITED Vs. SETTU (DIED)

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is filed against the judgment and decree dated 06.01.2017 made in M.C.O.P.No.138 of 2011 on the file of Motor Accident Claims Tribunal, In the Court of Subordinate Judge, Cheyyar.

(2.) The accident occurred on 08.09.2010 at Cheyyar Byepass Road, Near Thattarara street and Kodanagar Cheyyar Town at about 8.00 p.m. Cheyyar Police Station registered a case in Crime No.1181/2010 under Sections 279, 304[A] IPC.

(3.) It is a fatal accident and the deceased was aged about 48 years and was a Farmer. His monthly income was stated as a sum of Rs.3,000/- per month. The claimants filed a petition, seeking compensation. The Tribunal adjudicated the issues with reference to the evidences and documents filed by the respective parties. The Tribunal adjudicated the facts as well as the manner, in which, the accident occurred and arrived a conclusion that the Lorry driver was parking the Lorry in the Highway improperly and in a negligent manner, which is the cause for the accident. Though the Tribunal found that the deceased was also riding the Motor Cycle in a speedy manner, the cause for the accident is the illegal parking of the Lorry in the Highway. Under those circumstances, the Tribunal arrived a conclusion that the owner of the Lorry as well as the Insurance company is jointly and severely liable to pay compensation to the claimants. In view of the findings, the Tribunal ascertained the quantum of compensation to be paid to the claimants and accordingly, granted a sum of Rs.4,92,000/- as compensation.