LAWS(MAD)-2023-10-66

BRANCH MANAGER Vs. VALLI

Decided On October 10, 2023
BRANCH MANAGER Appellant
V/S
VALLI Respondents

JUDGEMENT

(1.) The second respondent Insurance Company before the Motor Accidents Claims Tribunal is the appellant herein. This appeal has been filed seeking to set aside the order dtd. 26/8/2011 passed by the Motor Accidents Claims Tribunal (Additional District Judge) Fast Track Court No.I of Tindivanam at Villupuram District in M.C.O.P.No.440 of 2011.

(2.) The brief facts of the case is that on 2/4/2007, the deceased Ganesan carried his flower baggages in the third respondent's vehicle bearing Registration No.PY-01-AA-8666 at Rajampuliyur village to Tindivanam Flower Market. When the vehicle was nearing Veampoondi, P.V.Polytechnic in Gingee - Tindivanam Road, the driver drove the vehicle in a rash and negligent manner and the vehicle toppled, due to which, the said Ganesan sustained serious injuries and was admitted in Government Hospital in Tindivanam and thereafter, he was referred to JIPMER and he succumbed to his injuries.

(3.) Thereafter, the daughters of the deceased Ganesan/ respondents 1 and 2 filed claim petition before the Motor Accidents Claims Tribunal (Additional District Judge) Fast Track Court No.I of Tindivanam at Villupuram District, claiming compensation of Rs.10.00Lakhs. After adjudication, the Motor Accidents Claims Tribunal awarded a sum of Rs.2,07,000.00 with interest at the rate of 7.5% p.a. from the date of petition till the date of payment and costs and directed the appellant Insurance Company to pay the compensation. Aggrieved by the same, the appellant Insurance Company has filed this appeal.