ROYAL SUNDARAM ALLIANCE INSURANCE CO LTD Vs. VIJAYA

JUDGEMENT

(1.) THE Civil Miscellaneous Appeal is filed by the appellant-Insurance Company against the Decree and Judgment dated 17.02.2010 passed in MCOP No.272 of 2009 by the Motor Accidents Claims Tribunal, Principal District Court, Dharmapuri.

(2.) BACKGROUND facts in a nutshell are as follows:- One deceased Periyasamy @ Settu met with a motor traffic accident on 03.06.2008 at about 2.00 a.m. The said deceased was working as a Cleaner in a lorry bearing Registration No.TN-29 AC 1988 and it was loaded with iron ore. When the lorry was proceeding towards Gummudipoondi at that time, the driver of the lorry drove the vehicle in a rash and negligent manner and also with high speed and dashed against another lorry bearing Registration No.TN 29 AB-7318. Due to which, the deceased cleaner of the lorry sustained grievous injuries and immediately he was admitted in Appollo hospital at Bangalore and he died in the hospital. The claimant is the mother of the deceased who claimed a sum of Rs.10,00,000/- as compensation. The said lorry was insured with the appellant-Insurance Company who resisted the claim. On pleadings, the following issues were framed by the Tribunal:- a) Whether the accident had happened due to the rashandnegligent driving of the first respondent vehicle driver and is insured with the second respondent at the time of the accident" b) Whether the principle of contributed negligence is applicable to the present facts of the case" c) Whether the petition is dismissed as non jointer of necessary parties" d) Whether the petitioner is entitled to compensate in the claim petition from the respondent 1 and 2" e) To what any relief the petitioner is entitled to" After considering the oral and documentary evidence, the Tribunal held that the accident had occurred only due to the rash and negligent driving of the driver of the lorry and awarded a compensation of Rs.7,09,000/- with interest at 7.5% p.a. from the date of petition. The details of the compensation are as under:- Loss of Income Rs.5,44,000/- Loss of love and affection Rs. 5,000/- Funeral and Transport Expenses Rs. 10,000/- Medical Expenses Rs.1,50,000/- ---------------- Total... Rs.7,09,000/- ---------------- Aggrieved by the award, the appellant-Insurance Company has filed the present appeal.

(3.) HEARD the learned counsel on either side and perused the materials available on record. On the side of the claimants, P.Ws.1 and 2 were examined and documents Exs.A1 to A7 were marked. On the side of the respondents, no one was examined and Ex.R1 was marked P.W.1 is the mother of the deceased. PW2-Madesh is an eye witness to the accident. Ex.A1 is the copy of the first information report. Ex.A2 is the Translated copy of Fir. Ex.A3 is the Post Mortem Report, Ex.A4 is the death certificate. Ex.A5 is the Insurance policy Copy. Ex.A6 is the Legal Heir Certificate, Ex.A7 is the medical bills. After considering the above oral and documentary evidence, the Tribunal has given a categorical finding that the accident had occurred only due to the rash and negligent driving of the driver of the lorry. The finding of the Tribunal is based on valid materials and evidence. It is question of fact and the same is confirmed.