UNITED INDIA INSURANCE COMPANY LIMITED Vs. D. TAMILARASI

JUDGEMENT

(1.) THE Insurance Company has come forward with the present appeal questioning the correctness of the decree and judgment dated 14.03.2006 made in MACTOP No. 151 of 2004 on the file of Motor Accidents Claims Tribunal (Additional District Judge), Dharmapuri directing them to pay the compensation to the claimants/Cross Objectors. The claimants have come forward with the Cross Objection for enhancement of the compensation amount granted by the Court below.

(2.) THE claim petition was filed by the claimants/Cross Objectors claiming compensation for the death of Dharmalingam in the road accident that took place on 19.12.2003. According to the Claimants/Cross Objectors, on 19.12.2003, the deceased was proceeding as a Cleaner in the DCM Toyota Van bearing Registration No. TN -28 -Y -1857 belonging to the first respondent in the claim petition. When the vehicle was proceeding near Kannadi Bridge, Dhalarpath Pirivu Road at Salem -Dharmapuri Highways, the driver of the Van drove it in a rash and negligent manner and dashed on the backside of a tanker lorry. In the impact, the deceased died on the spot. At the time of accident, the deceased was 35 years old and he was working as a Secretary in a Milk Society and also working as a Cleaner in the lorry, by which he was earning Rs.7,000/ - per month. Therefore, for the death of the deceased, a sum of Rs.10,00,000/ - was claimed as compensation.

(3.) THE Court below, on consideration of the oral and documentary evidence, passed an award for Rs.4,73,000/ - and directed the insurance company to pay the compensation amount with interest at 7.5% per annum. Aggrieved by the same, the insurance company has filed the appeal. Not satisfied with the quantum of compensation awarded, the claimants/Cross Objectors have filed the Cross Objection No. 148 of 2011.