ORIENTAL INSURANCE CO.LTD. Vs. SANTHAMANI

JUDGEMENT

(1.) AGGRIEVED by the award of compensation of Rs.26,28,800/- in M.C.O.P.No.211 of 2006 dated 12.10.2009 on the file of Motor Accident Claims Tribunal (Fast Track Court No.4), Bhavani, for the death of deceased S.K.Chandrasekar, the Insurance Company has preferred this appeal.

(2.) THE brief facts are as under: On 14.10.2005, at about 3.45 p.m, when the deceased was proceeding in his motor cycle bearing Regn.No.TN 36 C 5677 from north to south on the left side of the Kovai to Salem NH 47 Main Road, the lorry bearing Regn.No.TN 28 Y 4851, being driven by the 5th respondent, proceeded from south to north with uncontrollable high speed and in a negligent manner and when reached near National Dairy Development Road, it hit against the deceased and ran over him and stopped at eastern side ditch. Due to the accident, the deceased died on the spot. A case in Crime No.506 of 2005 was registered on the file of Chithode Police Station for the offence under Sections 279 and 304(A) IPC. At the time of accident, the deceased was working as Head of Department in BBM Department in Vasavi College and earning a sum of Rs.18,000/- per month as salary and also getting a sum of Rs.62,000/- from agriculture and totally the deceased was getting Rs.80,000/- per month. Alleging that the accident was due to the rash and negligent driving of the lorry driver and that the owner of the lorry and insurance Company are liable to pay the compensation, the claimants, who are the wife, minor daughter and parents of the deceased, have filed the claim petition claiming compensation of Rs.75,00,000/-.

(3.) BEFORE the Tribunal, the first claimant wife of the deceased examined herself as P.W.1. Eye witness Sivashanmugam was examined as P.W.2. The Office Superintendent and Junior Assistant of Vasavi College were examined as P.Ws.3 and 4. Exs.A.1 to A.24 were marked on the side of the respondents. No oral and documentary evidence was adduced on the side of the claimants. Upon consideration of oral and documentary evidence, and also the evidence of eye witness P.W.2, the Tribunal held that the accident was due to the rash and negligent driving of the lorry driver and held that the owner and driver of the lorry and also the insurer of the lorry viz., the appellant are jointly and severally liable to pay the compensation.