NATIONAL INSURANCE COMPANY LIMITED Vs. VASANTHA; ARANGAN; SENTHILKUMAR

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the National Insurance Company Limited, Kishnagiri against the Judgement and Decree dated 2.2.2006 made in MCOP.No.714/2004 by the learned Additional District Judge (MACT) Dharmapuri, whereby the Tribunal awarded a sum of Rs.3,37,000/- as total compensation with interest at 7.5 per cent p.a. from the date of the claim petition till the date of realization to the claimants, who are the parents of the deceased Ilankadir, who died in the motor accident that occurred on 18.4.2004.

(2.) The short facts are that on 18.4.2004 at about 6.15 p.m. while the deceased Ilankadir, a qualified driver employed in Selvi Travels, Pappireddipatti, was proceeding in his two wheeler bearing Reg.No.TAA-1893 from Pappireddipatti bus stand, near Raja Hotel on Pappireddipatti-Bommidi Road, a two wheeler Hero Honda Splendor bearing Reg.No.TN-29-M-5078 coming in the opposite direction in a rash and negligent manner had hit against the deceased, due to which, the claimant succumbed to the head injuries on the same day in the Palaniyandavar Mudaliar Hospital, Ammapettai, Salem. The claimants claimed a compensation of Rs.12,15,000/- as total compensation and restricted to Rs.7,00,000/- in the claim petition. The Tribunal, after analysing the evidence on record, held that accident had occurred due to the rash and negligent driving of the rider of the offending vehicle and awarded a sum of Rs.3,37,000/- as total compensation with interest at 7.5 per cent p.a. from the date of the claim petition till the date of realization, exonerating the Insurance Company from the liability, however directed the Insurance Company to pay the award amount to the claimants and recover the same from the owner of the offending vehicle. As against the same, this Civil Miscellaneous Appeal has been filed by the Insurance Company.

(3.) As regards the negligence aspect, the Tribunal has held that the the accident had occurred only due to the rash and negligent driving of the driver of the offending vehicle, which is not assailed by the Appellant Insurance Company in this appeal and hence, the said finding of the Tribunal with regard to the negligence aspect fixing the same on the part of the driver of the offending vehicle is liable to be confirmed and accordingly, it is confirmed.