NATIONAL INSURANCE COMPANY LTD. Vs. MAYADEVI SHARMA

JUDGEMENT

(1.) This appeal has been filed against the Judgment and Decree dated 30.06.2009 made in M.C.O.P.No.3719 of 2003 on the file of Motor Accident Claims Tribunal, Chief Court, Small Causes, Chennai by raising various grounds.

(2.) The case of the respondents / claimants 1 to 4 is that on 01.05.2003 around 21.30 hrs, the deceased went to have a tea, who was working as a watchman in a timber depot, a TATA SUMO Car bearing Regn. No.TN 58A 7687 was driven in a rash and negligent manner and dashed against the deceased at GST Road, Chromepet, Chennai and the deceased was taken by the driver and he had thrown the deceased out in a nearby rock at Thirusulam and thereafter, the relative of the deceased had given a complaint and the police have traced the body of the deceased. Therefore, the claimants / respondents 1 to 4, who are the wife and children of the deceased have filed a claim petition seeking a sum of Rs.10,00,000/- as compensation.

(3.) The appellant / insurance company had submitted that the court below has awarded a sum of Rs.2,22,000/- with 7.5% interest and directed the Insurance Company and the owner of the offending vehicle / 5th respondent to pay the compensation jointly. The appellant herein had filed a counter denying all the allegations and submitted that on 01.05.2003, driver of the TATA SUMO car has not driven the said vehicle in a rash and negligent manner and the claim made by the claimants are false and fabricated, which ought not to have been granted and the Tribunal has awarded high sum of compensation, which is without any basis.