NEW ASSURANCE COMPANY LIMITED Vs. RAJAMMAL AND OTHERS

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the appellant Insurance Company, against the Award and Decree, dated 29.08.2012 made in M.C.O.P. No. 215 of 2009 on the file of Motor Accidents Claims Tribunal (Subordinate Court) Kulithalai.

(2.) The respondents 1 to 4, who are claimants in the above said MCOP, have filed a claim petition for compensation of Rs. 20,00,000.00 for the death of one Vijayan in the Motor Accident and in the claim petition it is stated that on 24.12.2008 at 12.45 p.m., the deceased was traveling in Mahendra Champion Pickup Van, bearing Reg.No.TN-45-AB-3489 and the above said vehicle was driven by its driver from east to west in Manaparai - Dindigul Main Road near Mullipadi Branch Road. At that time, the lorry bearing Reg.No.TAY-9297 was driven by its driver in a rash and negligent manner from west to east, dashed against the Mahendra Van. In the above said accident, the deceased was sustained grievous injuries and he died on the way to hospital. It is also averred in the petition that the accident was occurred only due to rash and negligent driving of the driver of the lorry and as against the above said driver of the lorry, criminal case in Crime No. 440 of 2008 has been registered by Vaiyampatti Police Station. It is further stated that at the time of accident, the deceased was 20 years old and he was driver and earned Rs. 21,000.00 per month. The claimants are mother, brother and sisters of the deceased claimed compensation from the owner and insurer of the vehicle viz., the first and second respondent in the above said O.P.

(3.) The owner of the lorry i.e., the first respondent in the above said O.P. remained exparte.