NEW INDIA ASSURANCE CO LTD Vs. NALLASIVAM

JUDGEMENT

(1.) THESE Civil Miscellaneous Appeal and Cross Objection are filed by the Insurance Company and the claimants respectively against the Judgement and Decree dated 10.5.1996 made in MCOP.No.270/1995 by the learned I Additional District Judge Cum Chief Judicial Magistrate (MACT) Erode.

(2.) THE Appellant Insurance Company is the Insurer of the Van bearing Reg.No.TAE -2050. By the impugned award, the Tribunal has awarded a compensation of Rs. 2,79,800/ - with interest at 12 per cent p.a. for the death of one Chinnasamy, who died in the motor accident that had occurred on 17.6.1993, while he was travelling in the said van. As the van was driven by its driver in a rash and negligent manner, the driver of the van lost his control and the van fell into the ditch causing fatal injuries to the deceased. The wife, who is the 6th Respondent herein, is the owner of the vehicle and the claimants are the children and parents of the deceased. The claim petition was filed by the children and the parents of the deceased. The Tribunal, having found that the accident had occurred due to the rash and negligent driving of the van driver, has awarded compensation as stated above to the claimants.

(3.) ON the other hand, Mr.N.Manoharan, the learned counsel for the Respondents/claimants supported the impugned award and relied on the decision of the Division Bench of this court (New India Assurance Company Limited Vs. K.Jothilangam and others,2009 2 TNMAC 53) which was a case where the husband was the tortfeasor and the claim was made by his children claiming compensation. This court has held that since because the husband of the deceased being the tortfeasor, he cannot reward himself, however, the other claimants, who are the children of the deceased, are entitled to be compensated.