NATIONAL INSURANCE CO LTD Vs. TMT SULOCHANA

JUDGEMENT

(1.) THE above appeal has been filed by the appellant / National Insurance Company Limited against the award and decree passed in M.C.O.P.No.933 of 2007, dated 24.02.2010, on the file of Motor Accident Claims Tribunal, Principal District Judge at Krishnagiri, on awarding a compensation a sum of Rs.5,74,000/- with interest at the rate of 6% per annum. 2.THE short facts of the case are as follows:- On 16.01.2005, the deceased, his mother and brother were standing at the Sappadi bus stop at Hosur to Krishnagiri National Highways Road, when at that point of time, the first respondent's lorry bearing registration No.KA01-D-1121, driven by its driver in a rash and negligent manner from Krishnagiri towards Hosur and hit the deceased, as a result, he had sustained grievous injuries and died on the spot. Hence, the claim petition filed against the respondents for compensation a sum of Rs.20,00,000/- with interest. 3. THE second respondent / National Insurance Company had filed a counter statement and resisted the claim petition. THE respondent stated that the offending lorry was not registered with the Insurance Company and the lorry has not having valid records to operate the vehicle on the public road. However, the driver of the lorry was not in possession of valid driving licence. THE age, income and occupation of the deceased are denied. Actually, on 16.01.2003, the deceased had attempted to cross the road all of a sudden and invited the said accident. THE driver of the lorry had driven the vehicle with due caution and a moderate speed. THE respondent further submitted that the claim amount a sum of Rs.20,00,000/- is on the higher side. 4. On the plea of both parties, the Tribunal had framed two issues for consideration, namely;