NEW INDIA ASSURANCE CO. LTD. Vs. MAHAMAYEE AMMAL

JUDGEMENT

(1.) These Appeals have been filed by the Insurance Company challenging the Awards dtd. 31/3/2015 passed by the Motor Accident Claims Tribunal, Chief Judicial Magistrate Court, Virudhunagar District at Srivilliputtur in M.C.O.P.Nos.50 and 51 of 2012, directing the Appellant/Insurance Company to pay the Claimants a sum of Rs.86,35,060.00 and Rs.36,91,000.00 respectively as compensation for the death of the deceased, in an accident, which occurred on 2/9/2012 involving the Tipper Lorry insured with the Appellant/Insurance Company. Claimants 2 & 3 are the children of the deceased and the 1st Claimant is the grandmother of Claimants 2 & 3.

(2.) Before the Tribunal, the Respondents/Claimants claimed a sum of Rs.1,00,00,000.00 & Rs.50,00,000.00 respectively as compensation for the death of the deceased. On the side of the Respondents/Claimants in C.M.A.(MD) No.1054 of 2015, P.W.1 to P.W.2 were examined as witnesses and Exs.P1 to P11 were marked before the Tribunal. On the side of the Appellant/Insurance Company, neither a witness was examined nor Exhibits marked.

(3.) On consideration of the oral and documentary evidence available on record, the Tribunal has awarded a sum of a sum of Rs.86,35,060.00 and Rs.36,91,000.00 respectively as compensation to the Respondents/Claimants. Details of the compensation awarded by the Tribunal under the impugned Awards, are as follows :