THE FUTURE GENERAL INDIA INSURANCE COMPANY Vs. RADHA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the second respondent /Insurance Company against the order/award passed by the Motor Accident Claims Tribunal [(Additional District Judge) (Fast Track Court)], Theni, in M.C.O.P. No.43 of 2017, dated 06.10.2018.

(2.) The respondents 1 and 2 herein have filed M.C.O.P.No.43 of 2017 under Sections 140, 141, 142 and 163B, 166 and 182-A of the Motor Vehicles Act, 1988, claiming compensation of Rs.50,00,000/- with interest at the rate of 15% per annum for the death of one Arunkumar, who died in a road traffic accident. The learned Motor Accidents Claims Tribunal has partly allowed the said petition, directing the appellant herein/Insurance Company to pay a compensation of Rs.32,88,000/- with interest at the rate of 7.5% per annum from the date of filing of the petition till the date of realization and also directed to pay the proportionate costs. Aggrieved by the same, the Insurance Company has filed the present civil miscellaneous appeal.

(3.) For the sake of convenience, the parties are referred to as described before the Tribunal.