UNITED INDIA INSURANCE CO LTD TINDIVANAM Vs. VALARMATHI

JUDGEMENT

(1.) THE appellant Insurance Company has filed this appeal challenging the quantum of compensation alone awarded in MCOP No.446/2002 on the file of Motor Accident Claims Tribunal (Principal Sub Court), Tindivanam, dated 29.4.2003.

(2.) THE respondents 1 to 3 who are claimants in the above said O.P., have filed claim petition claiming compensation of Rs.10 lakhs for the death of one Dheenadhayalan in the motor accident that occurred on 4.3.2002. THE case of the claimants is that on 4.3.2002, the deceased went to Villupuram Alagappa Temple by walk and on the same direction, the Car bearing Registration No.TN 32/Y 0477 was driven by its driver in high speed and dashed against the deceased and he sustained injuries and died in the Government Hospital, Cuddalore and the accident was only due to rash and negligent driving of the driver of the car of the fourth respondent/first respondent in O.P. and the age of the deceased is 45 years and he was working as blue metal crush driver and earned Rs.5,000/- per month and the claimants are wife, daughter and son of the deceased respectively and hence they claimed a compensation of Rs.10 lakhs.

(3.) ON consideration of the above said oral and documentary evidence, the Tribunal has discussed in detail and held that the accident has occurred only due to rash and negligent driving of the Car driver and therefore, the owner and insurer of the vehicle are liable to pay compensation.