NATIONAL INSURANCE COMPANY LIMITED Vs. PICHAMMAL

JUDGEMENT

(1.) AGGRIEVED over the Award and Decree passed by the Motor Accident Claims Tribunal (Sub Court), Tenkasi in M.A.C.O.P.No.353 of 2004, dated 30.11.2005, the appellant herein / 2nd respondent in the above said O.P., filed this Civil Miscellaneous Appeal.

(2.) THE respondents 1 to 5, who are claimants 1 to 5 in the above said O.P., have filed a claim petition, claiming compensation of Rs.15,00,000/- for the death of one Velusamy and in the claim petition it is stated that on 01.07.2004 at about 2.00 a.m., the deceased was riding his bullock cart along with Vegetables from East to West in extreme left side of the Road from Shencottah to Kaluthurutty Main Road and at that time, the Mini Lorry, bearing Registration No.TN-69-B-6069 belonged to the 6th respondent herein / first respondent in the O.P., was driven by its driver in a great terrific speed and not observing the traffic rules from East to West and hit the deceased's bullock cart and in the above said accident, the above said deceased Veluchamy was died on the spot and one bullock was died and another bullock got injured. Further the vegetables and market items also fully damaged. It is further stated in the claim petition that the age of the deceased was 40 at the time of accident. But in the postmortem, the age of the deceased is wrongly mentioned as 46 and the deceased was doing business of Chekku Attal, Bullock Cart business and dairy form and earned Rs.15,000/- per month. The claimants are wife, children and mother of the deceased and they have claimed compensation of Rs.15,00,000/- from the appellant/2nd respondent in the O.P., and the 6th respondent herein/1st respondent in the O.P., as owner and insurer of the vehicle.

(3.) THE appellant / 2nd respondent in the above said O.P. filed a counter in which denied the allegation in the claim petition regarding the manner of the accident alleged in the claim petition and further contended that the claimants should prove the age, income particulars of the deceased. Further stated that the claim of compensation on various heads are highly excessive and the rate of interest at the relevant period is only 5.5% per annum and therefore, prayed for dismissal of the above said O.P.