(1.) Challenging the award, dated 29.02.2016, passed in M.C.O.P.No.77 of 2008, on the file of the Motor Accidents Claims Tribunal/ Sub-Court, Kovilpatti, the appellant/General Insurance Company has preferred this Civil Miscellaneous Appeal.
(2.) In the said M.C.O.P, the respondents 1 and 2/claimants are the parents of the deceased-Madasamy.
(3.) The brief facts relevant for the consideration of the above case are that the deceased-Madasamy was working as a Driver in Kashmir Baba Road Transport Company and on the fateful day on 08.02.2008, the deceased-Madasamy was driving the lorry bearing Registration No.TN-C-8193 to Chennai Harbour. While so, the deceased stopped his lorry on the Western side near Benny Plot and walked to pass on to the Northern side. At that time, a tipper lorry bearing Registration No.TN-28-L-3548, which was driven by its driver in a rash and negligent manner, insured with the appellant, dashed on the deceased. Due to the said impact, the deceased died on the spot due to the head injury. Hence the respondents 1 and 2/claimants, as legal heirs of the deceased, has filed this claim petition claiming a compensation of Rs.28,42,000/-.