TATA AIG GENERAL INSURANCE COMPANY LIMITED Vs. SARAVANAN

JUDGEMENT

(1.) The above appeal has been filed by the second respondent/Insurance Company challenging the liability and quantum of compensation granted by the Tribunal in the award dtd. 5/10/2021 made in M.C.O.P.No.39 of 2019 on the file of the Motor Accidents Claims Tribunal (In the Additional District Court, Fast Track Mahila Court), Nagapatinam.

(2.) The respondents 1 and 2/claimants filed M.C.O.P.No.39 of 2019 on the file of the Motor Accident Claims Tribunal, (In the Additional District Court - Fast Track Mahila Court) at Nagapittinam claiming a sum of Rs.30,00,000.00 as compensation for the death of one Subasakthi, who died in the road accident that took place on 30/1/2018.

(3.) According to the respondents 1 and 2/claimants on 30/1/2018 at about 4.00 P.M, when the deceased Subasakthi was driving the TATA Ace vehicle bearing Reg.No.PY 02 R 8677 proceeding from north to south, since the cows ran across the road, to avoid hit against them, he turned the vehicle towards left side, the vehicle turned turtle and resulted in the accident. He was initially admitted at Nagapattinam Government Hospital. Subsequently, he was referred to Thiruvarur Medical College Hospital, where he was declared as brought dead. Hence the respondents 1 and 2 filed claim petition claiming compensation against the appellant and the 3rd respondent herein.