UNITED INDIA INSURANCE CO LTD Vs. LEELA

JUDGEMENT

(1.) The respondent No. 2 before the Motor Accidents Claims Tribunal, Virudhunagar, at Srivilliputtur is the appellant herein. The legal representatives of the deceased Vijayakumar, who was a contractor-cum-quarry owner-cum-agriculturist, have filed a claim petition for compensation for the death of the said Vijayakumar.

(2.) The facts that are necessary for disposal of this civil miscellaneous appeal are as follows: The late Vijayakumar was riding a motor cycle along with his brother on 18.3.1999 at 7.30 p.m. on the side of Sankaran Koil Road at Rajapalayam. At that time the respondent No. 5 drove the vehicle bearing registration No. TN 74-A 9447 rashly and negligently with high speed and without observing the rules of the road in the same direction and dashed against the bike from behind, which was driven by the deceased. The deceased was thrown off the bike and he sustained grievous injuries and was taken to hospital in an auto and he died on the way to hospital. Claiming that the accident occurred only due to rash and negligent driving of respondent No. 5, the legal representatives of the deceased claimed a total compensation of Rs. 25,00,000. The Tribunal, after considering the oral and documentary evidence, passed an award for a sum of Rs. 19,59,500. Aggrieved against the same, the insurance company has filed this C.M.A.

(3.) We have heard the learned counsel for the parties.