RELIANCE GENERAL INSURANCE CO. LTD. Vs. AMUDHA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the award and decree dtd. 6/10/2016 made in M.C.O.P.No.50 of 2015, on the file of Motor Accidents Claims Tribunal, Special District Judge, Villupuram.

(2.) The facts of the case in a nutshell:- On 4/5/2011 at about 4:00 p.m. the deceased Mani @ Subramani who was doing Tamarind business was travelling with his goods (Tamarind) from Manaparai Santhai to Villupuram in the 6th respondent's vehicle bearing Reg.No.TN-45-AW-7043 and when the vehicle was coming near Malaiyappa Nagar diversion road in National Highways 45 road, the driver of the vehicle had rashly and negligently applied sudden break. As a result, the vehicle capsized and met with an accident. The deceased Mani @ Subramani was thrown out and sustained grievous injuries all over the body especially on the head and was immediately admitted in Perambalur Government Hospital and thereafter he was referred to PIMS hospital, Pondicherry where he died. The case of the claimants are that the accident had happened due to the rash and negligent driving of the driver of the 6th respondent herein.

(3.) The respondents 2 to 5 herein were depending upon the income of the deceased and starving after the death of the deceased Mani @ Subramani. Hence they filed a claim petition before the Tribunal claiming compensation for a sum of Rs.7,00,000.00 against the respondents therein with interest and costs. The Tribunal has awarded a sum of Rs.6,86,500.00.