UNITED INDIA INSURANCE CO., LTD Vs. M. VENKATAPPAN

JUDGEMENT

(1.) BEING aggrieved by the award of compensation of Rs.7,85,480.00 for the death of the deceased Prema, 4th Respondent - United India Insurance Company, insurer of the van bearing registration No.TN-27 Y 2813 has preferred this appeal.

(2.) BRIEF facts are that on 29.6.1991 - 7.00 A.M., deceased Prema and others were travelling in the van bearing registration No. TN-27 Y 2813 and the deceased Prema was seated in the last seat on the right side. When the van was proceeding in Sivagiri-Tenkasi main road, the tractor bearing registration No.1855 and trailer bearing registration No.1856 [owned by the deceased Subbiah Mudaliar (1st Respondent in the Claim Petition)] and insured with the 5th Respondent-United India Insurance Company, Tenkasi driven in a rash and negligent manner came in the opposite direction and hit against the van. Due to the accident, deceased Prema sustained fracture injuries in the frontal bone and right shoulder and fracture injuries all over the body and died on the spot. Regarding the accident, a Criminal Case was registered in Crime No.544 of 1991 of Sivagiri Police Station under Sections 279, 337 and 304(A) I.P.C. Deceased Prema was a partner in Muthukrishnapuram Textiles and was getting income of Rs.5,000.00 per month. Alleging that the accident was due to rash and negligent driving of the tractor driver and that the family had lost the love and affection of the deceased Prema and also lost the support, Claimants who are husband and children of deceased Prema have filed Claim Petition claiming compensation of Rs.15,00,000.00.

(3.) APPELLANT -Insurance Company resisted the Claim Petition contending that the F.I.R. in Crime No.544 of 1991 was registered only against the driver of the tractor and trailer and that the owner of the van bearing registration No. TN-27 Y 2813 was no way responsible for the accident and therefore, the Appellant- Insurance Company is not liable to pay any compensation to the Claimants. Appellant-Insurance Company also denied the age, occupation and income of the deceased Prema.