ORIENTAL INSURANCE COMPANY LTD Vs. KALIYA PILLAI

JUDGEMENT

(1.) Aggrieved by the award of the Motor Accidents Claims Tribunal, Kallakurichi dated 12-12-2000 made in O.P.No. 171 of 1998, the Oriental Insurance Company, Pondicherry has filed the above appeal.

(2.) Respondents 1 and 2 herein/claimants therein have filed the said claim petition claiming a compensation of Rs.4 lakhs for the death of their son Pavulkumar alias Kumar in a motor vehicle accident that took place on 25-2-98. According to them, on 25-2-98 at about 14.00 Hours when the deceased Pavulkumar alias Kumar was driving a Tractor and Trailer bearing registration No. TAY 6838 and TCF 3683 from Sankarapuram to Moongilthuraipattu, near Ilayankanni, he fell down from the tractor and died. The claimants were fully depending upon the income of the deceased and they claimed compensation to the tune of Rs.4 lakhs. Before the Tribunal, the first claimant, father of the deceased was examined as P.W.1 and one Kalaichelvan as P.W.2, and Exs. P-1 to P-6 were marked in support of their claim. On the side of the owner and insurance company, no one was examined and no document was marked. The Tribunal on appreciation of oral and documentary evidence and after holding that the accident was caused due to rash and negligent act of the driver of the tractor namely Pavulkumar and that the tractor being insured with the Oriental Insurance Company, second respondent therein/appellant herein, passed an award for Rs.3 lakhs with interest at 12 per cent from the date of petition. Against the said award, the Insurance company alone has preferred the above appeal questioning its liability.

(3.) Heard the learned counsel for the appellant as well as respondents 1 and 2.