NATIONAL INSURANCE COMPANY LIMITED Vs. LAKSHMI, MINOR PRASANTH

JUDGEMENT

(1.) The appellant Insurance Company, who is the 2nd respondent in the above said O.P., has filed this Civil Miscellaneous Appeal, challenging the quantum of compensation awarded in M.C.O.P.No.247 of 2010, dated 19.03.2012, by the Motor Accident Claims Tribunal (Sub Judge)) Kulithalai.

(2.) The respondents 1 to 5, who are claimants in the above said O.P., have filed a claim petition, claiming compensation for the death of one Periyasamy in the motor accident and in the claim petition it is stated that on 24.04.2010 at about 19 hours in Trichy to Karur main road near Kurithalai - Manathattai Bunk when the deceased was riding TVS-50 bearing Reg.No.TN-47-J-2767, came from east to west on the left side of the road and at that time, the lorry bearing Reg.No.TN-28-P-6216, driven by its driver in a rash and negligent manner with high speed came behind the deceased and dashed against the TVS-50. In the accident, the deceased was sustained multiple grievous injuries and died on the spot. The accident was occurred only due to rash and negligent driving of the driver of the lorry. It is also averred that the age of the deceased was 45 years at the time of accident and he was Pandal contractor and earned Rs.10,000/- per month. The claimants, who are wife, children and father of the deceased, claimed compensation of Rs.12,00,000/-, from the 6th respondent herein, who is the first respondent in the above said O.P., and the appellant herein, who is the 2nd respondent in the above said O.P., as owner and insurer of the lorry.

(3.) The 6th respondent herein, who is the first respondent in the above said O.P., remained exparte before the Tribunal.