NEW INDIA ASSURANCE CO LTD VILLUPURAM Vs. HAIRUNISSA

JUDGEMENT

(1.) The Appellant/Second Respondent/Insurance Company has preferred the present Civil Miscellaneous Petition as against the Award, dated 18.02.2004, in M.C.O.P. No. 304 of 2003, passed by the Learned Additional District Judge, Fast Track Court-III (Motor Accidents Claims Tribunal) Virudhachalam.

(2.) The First Respondent/Claimant has filed the M.C.O.P. No. 304 of 2003 on the file of Learned Additional District Judge cum Fast Track Court-III (Motor Accidents Claims Tribunal, Virudhachalam claiming a compensation of Rs. 5,00,000/-, for the death of her second son, Sadick Basha.

(3.) The Learned Additional District Judge cum Fast Track Court-III (Motor Accidents Claims Tribunal) Virudhachalam while passing the Award in M.C.O.P. No. 386 of 2002 (on the file of the Learned Sub Court, Virudhachalam earlier-later transferred to the file of Learned Additional District Judge, Fast Track Court-III(Motor Accidents Claims Tribunal, Virudhachalam and taken on file as M.C.O.P. No. 304/2003), upon analysis of Oral and Documentary evidence and also on consideration of available materials on record, has come to a resultant conclusion that the offending vehicle viz., the Ambassador Car bearing Registration No. TDF 5236 has been duly covered by the valid policy at the time of accident and further, the Tribunal has also opined that the driver of the offending Ambassador Car has been responsible for the happening of occurrence because of his fast and negligence act of driving and only because of the driver's act, the deceased Sadick Basha has expired. Furthermore, the Tribunal has also granted a sum of Rs. 3,75,000/- as total compensation to the First Respondent/Claimant together with interest at the rate of 9% per annum and the same has to be paid by the Appellant/Insurance Company, within a period of three months from the date of passing of the Award and accordingly, passed an Award to that effect.