UNITED INDIA INSURANCE CO LTD Vs. K PARUVATHAM

JUDGEMENT

(1.) The appeal is filed against the judgment and decree dated13.12.2004 made in M.C.O.P No. 104 of 2002 on the file of the Motor Accidents Claim Tribunal, Additional District Judge, Fast Track Court No. I, Salem.

(2.) The Insurance Company is the appellant. The 1st respondent/claimant had filed a claim petition claiming a sum of Rs. 5,00,000/-for the death of one Paramasivam, her husband, who died in a car accident on 28.4.1999 near Athur on the Salem-Athur Main Road.

(3.) According to the claimant, on 28.4.1999 the deceased was travelling in a Tata Sumo Car bearing Registration. No. TN 27E 0703 insured with the appellant. The car was driven in a rash and negligent manner by its driver and around 5.30 a.m, dashed against a stationary lorry. The deceased sustained head injury and died on the spot. He was hale and healthy and was 55 years old. As a business man, he was earning Rs. 15,000/-per month.