UNITED INDIA INSURANCE CO. LTD Vs. K.DHANALAKSHMI

JUDGEMENT

(1.) The present Civil Miscellaneous Appeal is preferred by the Appellant/2nd Respondent/Insurance Company, being aggrieved against the award dated 04.09.2010 in M.C.O.P.No.237 of 2006 passed by the Motor Accidents Claims Tribunal viz., Subordinate Judge, Gudiyatham.

(2.) The Respondents 1 to 6 have filed a Claim Petition in M.C.O.P.No.237 of 2006 on the file of Motor Accidents Claims Tribunal viz., Subordinate Judge, Gudiyatham, Vellore District claiming a compensation of Rs.32,00,000/- for the death of Kannaiyan against the Appellant/Insurance Company, 7th & 8th Respondents/1st & 3rd Respondents with a direction to pay the same with interest at 18% per annum from the date of accident along with costs.

(3.) On 21.06.2006 at about 7.35 a.m. the deceased Kannaiyan and 3rd Respondent/3rd Claimant were proceeding in the direction of west to east in a T.V.S. Centro two wheeler bearing Registration No.TN-49-T-5112 from Kumbakonam to Mayiladuthurai. The vehicle was driven by the deceased Kannaiyan. The 3rd Respondent/3rd Claimant was a pillion rider. The 3rd Respondent/3rd Claimant and his father Kannaiyan were proceeding near Thirubuvanam Industrial Estate and at that time, the Tata Sumo Car bearing Registration No.TN-50-B-8199 belonging to the 7th Respondent/1st Respondent [insured with the Appellant/2nd Respondent] was driven by a driver in a rash and negligent manner without adhering to the traffic rules endangering human safety and dashed against the TVS Centro two wheeler, as a result of which, Kannaiyan sustained grievous and multiple injuries on his head. Immediately, Kannaiyan was admitted in Government Hospital, Kumbakonam for treatment. But he died on 23.06.2006, inspite of efforts taken by the doctors at Kumbakonam Hospital to save his life.