NATIONAL INSURANCE COMPANY LIMITED Vs. SHANTHI

JUDGEMENT

(1.) The second respondent before the Motor Accidents Claims Tribunal, is the appellant herein. These appeals have been filed seeking to set aside the order dtd. 21/3/2013 passed in M.C.O.P.Nos.502 and 1531 of 2003 respectively, by the Motor Vehicle Accidents Claims Tribunal, Additional District and Special Judge for EC Act Cases, Salem.

(2.) The brief facts of the case is that Ezhil (deceased in M.C.O.P.No.502/2003) and Arivazhagan (deceased in M.C.O.P.No.1531/2003) were travelling in a Hero Honda Motor Cycle bearing Registration No.TN-29-M-0553 from Pappireddipatty towards Salem and when they were going near Kallathupatti bus stop one lorry bearing Registration No.TMK1895 came from the opposite direction in a rash and negligent manner and dashed against the motor cycle, due to which, Ezhil and Arivazhagan sustained grievous head injuries and died.

(3.) Thereafter, the dependants of the deceased Ezhil and Arivazhagan/ claimants filed claim petitions before the Motor Vehicle Accidents Claims Tribunal, Additional District and Special Judge for EC Act Cases, Salem, claiming compensation of Rs.12.00 Lakhs and Rs.10.00Lakhs respectively.