ROYAL SUNDARAM ALLIANCE INSURANCE Vs. PONNAMMAL

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the award, dtd. 11/12/2008, made in M.C.O.P.No.175 of 2007, on the file of the Motor Accident Claims Tribunal - Subordinate Judge, Kulithalai. The appellant herein is the second respondent, the respondents 1 to 5 herein are the claimants and the sixth respondent herein is the first respondent in the original M.C.O.P. Petition.

(2.) A Brief substance of the claim petition, in M.C.O.P.No.175 of 2007, is as follows: On 13/5/2005, the deceased-Rajalingam was working as a loadman in a mini door lorry bearing Registration No.TN-47-L-8246, when the vehicle was nearing Kularangampatti south deviation, the tyre burst and the vehicle capsized. The deceased sustained injuries, he was taken to Government Hospital, Manapparai, then, he was admitted in Trichy K.M.C. Hospital, he died scummed to the injuries. The deceased was working as a load man and was earning Rs.3,000.00 per month. The petitioners are his dependents and they claimed a sum of Rs.7,00,000.00 as compensation.

(3.) Brief substance of the counter filed by the first respondent in M.C.O.P. No.175 of 2007, is as follows: The age, profession and income of the deceased are denied. The vehicle was insured with the second respondent. There is no relationship of employer and employee between the deceased and the first respondent. The manner of accident is denied. The petitioners have to prove the manner of accident and the treatment given to the deceased.