LAWS(MAD)-2023-9-94

DVISIONAL MANAGER Vs. H.NAYUMJHON

Decided On September 27, 2023
Dvisional Manager Appellant
V/S
H.Nayumjhon Respondents

JUDGEMENT

(1.) These civil revision petitions are filed against the fair and decreetal order dtd. 10/12/2021 made in I.A.Nos.1 to 3 of 2021 in MCOP No.150 of 2007 on the file of the Motor Accident Claims Tribunal (Principal Subordinate Judge) Trichy.

(2.) According to the revision petitioner/second respondent, the above said M.C.O.P.No.150 of 2007 was filed by the claimants for claiming compensation for the death of the deceased Habib Rahman in the accident took place on 31/5/2006. While the deceased was riding his two wheeler Bajaj Boxer bearing Registration No.TN45 T 7510 at Trichy-Tanjavur main road towards BHEL on the left side of the road, at that time the first respondent vehicle Honda City Car bearing Registration No.TN57H 2166 driven by its driver in a rash and negligent manner and dashed behind the deceased's vehicle and due to sudden impact, the deceased thrown away and sustained injuries all over the body and succumbed injuries. Hence, the legal heirs of the deceased filed MCOP before the Tribunal claiming compensation.

(3.) The tribunal, after appreciating the evidence on record and the arguments advanced by the respective counsel, awarded a sum of Rs.38,07,984.00. Thereafter, the claimants filed an application in I.A.Nos.1 to 3 in M.C.O.P.No.150 of 2007 before the Principal Subordinate Court, Tiruchirappalli, to transfer the award amount by way of NEFT transaction to the credit of the respective accounts of the petitioners. The said I.As were allowed. Against which, these civil revision petitions are filed by the second respondent/Insurance Company.