NATIONAL INSURANCE COMPANY Vs. K. MANICKAVASAGAR

JUDGEMENT

(1.) Challenge made in these appeals is to the award, dated 22.08.2012 made in MCOP No.160 of 2011 on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate), Pudukottai.

(2.) The brief facts of the case are that on 05.04.2008, the the deceased claimant Manickavasagar was travelling in the cycle as pillion rider, while one Thiagarajan was riding and they were proceedings on Alangudi-Mankottai road, the mini lorry TN-45- R-6876 came in a rash and negligent manner and dashed against the cycle. In the accident, both the rider and the pillion rider sustained grievous injuries and immediately, they were taken to the Alangudi Government Hospital and thereafter, he was referred to the Thanjavur Medical College Hospital. A claim petition was filed by the deceased Manickavasagar seeking compensation of Rs. 3,00,000/-. During the pendency of the claim petition, he succumbed to injury on 15.09.2021. Hence, the legal heirs of the deceased were impleaded in the claim petition as the claimants 1 to 3.

(3.) The Tribunal, upon consideration of oral and documentary evidence, came to the conclusion that the driver of the offending vehicle was responsible for the accident and awarded compensation of Rs.75,000/- together with interest at the rate of 7.5% p.a. Aggrieved by the award of the tribunal, the Appellant Insurance Company is before this court.