NATIONAL INSURANCE COMPANY LIMITED Vs. MARUTHAI

JUDGEMENT

(1.) The Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicle Act, 1988, challenging the award, dated 26.06.2011, made in M.C.O.P.No.1469 of 2004, on the file of the Motor Accident Claims Tribunal (Chief Judicial Magistrate Court), Tiruchirappalli.

(2.) The Appellant/Insurer, who was made liable to pay compensation of Rs.4,11,000/- to the claimants for the death of Saravanan, who died in an accident occurred on 04.02.2004, challenged the liability mulcted on it and the quantum of compensation arrived at by the tribunal. Admittedly, the first claimant is the father, the second claimant is the mother, the third claimant is the brother and the fourth claimant is the sister of the deceased Saravanan and that they have laid the above claim petition claiming compensation of Rs.5,00,000/- with interest.

(3.) The case of the claimants is that on 04.02.2004, at about 07.30 am, when the deceased was riding a two wheeler TVS 50 bearing Registration No.TN 45 F 9056 in Trichy-Karur Main Road at the place near Mukkombu, the lorry bearing Registration No.TDU 5335 owned by the fifth respondent/first respondent came behind the two wheeler in a rash and negligent manner and without sounding horn, dashed against the two wheeler and as a result of which, the said Saravanan sustained multiple injuries all over his body and died on the spot and that the accident had occurred only due to the rash and negligent driving of the lorry driver.