NATIONAL INSURANCE CO. LTD. Vs. D.KOTHAI NAYAKI

JUDGEMENT

(1.) The appellant/Insurance Company has before Motor Claims Tribunal (II Additional District Judge),Vellore @ Ranipet, in M.C.O.P.No.117 of 2018 dtd. 9/12/2020 is the appellant in this Civil Miscellaneous Appeal.

(2.) Aggrieved by the quantum of compensation awarded by the Tribunal, the Insurance Company has brought forth the above said Civil Miscellaneous Appeal. C.M.A.No.1516 of 2021 is directed against the award dtd. 9/12/2020 passed by the Motor Accident Claims Tribunal in M.C.O.P.No.117 of 2018 directing the apellant/Insurance Company liable to pay a compensation of Rs.24,20,000.00 with interest at the rate of 7.5% per annum from the date of filing the petition till the date of realization and costs for the death of one N.Dilli Rajan in an accident alleged to have been taken place on 26/5/2018.

(3.) The claimants preferred a claim on the file of the Motor Accident Claims Tribunal (II Additional District Judge),Vellore @ Ranipet, in M.C.O.P.No.117 of 2018 praying for an award against the appellant/Insurance Company for the death of N.Dilli Rajan who met with an accident on 26/5/2018 at about 2.30 p.m., the deceased N.Dill Rajan was travelling as owner of the goods and one Naveenkumar was driving the Ashok Leyland Dost LMV bearing Registration No.TN 25 AX 2486 owned by the 5th respondent owner of the lorry from Melvallam after loading the Banana which belongs to the deceased Dilli Rajan to deliver the goods at Chennai and when they came on Bangalore to Chennai Highways and near Kaveripakkam Raamapuram, Thirumal's Saw Mill, the right backside tyre of Ashok Leyland DOST suddenly bursted and the vehicle was capsized. Due to the accident, the deceased had sustained severe blood injuries. Immediately after the accident, the injured Dilli Rajan was taken to G.H. Walajahpet, where he succumbed to his injuries. A Criminal Case was registered against the driver of Ashok Leyland Dost bearing Registration No.TN 25 AX 2486 by Kaveripakkam P.S. In Cr.No.223/2018 under Sec. 279 and 302(A) of IPC. The accident occurred only due to the rash and negligent act of the driver of Ashok Leyland Dost. The said vehicle was duly insured with the appellant/Insurance Company on the date of accident.