DIVISIONAL MANAGER, NATIONAL INSURANCE CO. LTD. Vs. LAKSHMI

JUDGEMENT

(1.) The Civil Miscellaneous Appeal is directed against the award passed in M.C.O.P.No.1124 of 2016, dtd. 16/9/2020, on the file of the Motor Accident Claims Tribunal/Special Court for M.C.O.P., cases, Trichy.

(2.) The appellant/Insurer, who was directed to pay compensation of Rs.7,13,000.00 with interest at 7.5% p.a., to the respondents 1 and 2/claimants and then to recover the same from the third respondent/first respondent for the death of one child Saran, consequent to an accident occurred on 3/7/2016, challenged the liability mulcted on it and also the quantum of compensation arrived at by the Tribunal.

(3.) The case of the claimants is that on 3/7/2016 at about 16.15 hours, the deceased Saran was sitting in front of one Palanisamy's house situated on the Kalladai to Vadacherry main road and at that time, a Maxi Cab bearing Registration No.TN-20-C-0355, which came in a rash and negligent manner and at hectic speed without following any traffic rules and regulations, had suddenly dashed against the said Saran and due to the sudden impact, the said Saran had sustained multiple injuries all over his body and died on the spot itself, that the accident was occurred only due to the rash and negligent driving of the Maxi Cab driver and that therefore, a case in Cr.No.294 of 2016, came to be registered under Ss. 304(A) I.P.C., on the file of theThogaimalai Police Station, Karur. It is the further case of the claimants that the deceased Saran was aged about 2 years at the time of accident, that he was hale, healthy and brilliant and that the claimants 1 and 2 are the parents of the deceased.