NEW INDIA ASSURANCE CO LTD Vs. FATHIMA

JUDGEMENT

(1.) The Insurance Company is on appeal. Challenge is to the award of the Motor Accident Claims Tribunal, Dharapuram made in MCOP.No.46 of 2016 dtd. 4/1/2023.

(2.) The claimants are the parents of the deceased. They sought for compensation of Rs.17,00,000.00 for the death of their son Sheik Mohammed, aged about 23 years in a road accident that occurred on 9/7/2015 at about 4.30 p.m. According to the claimants, when the deceased was driving the TATA Ace goods vehicle bearing Registration No.TN-33-AL-7571 on the extreme left side of the Kangayam-Erode main road, the lorry bearing Registration No.TN-61-A-9448 driven in a rash and negligent manner by its driver came in the opposite direction and collided against the goods vehicle causing the death of the driver. Contending that their son was earning a sum of Rs.10,000.00 per month, the parents sought for a compensation of Rs.17,00,000.00. A First Information Report was registered against the driver of the lorry.

(3.) The claim was resisted by the Insurance Company contending that the accident did not occur in the manner suggested by the claimants. It was claimed that the deceased was responsible for the accident and as it was his negligence that caused the accident. At trial, the mother of the deceased was examined as P.W.1. One Palanisamygounder and Sankar were examined as P.W.2 and P.W.3. Exs.P1 to P32 were marked. On the side of the Insurance Company one Rajan Babu was examined as R.W.1 and Tmt.Jamuna was examined as R.W.2. Exs.R1 to R4 were marked. R4 is the copy of the charge sheet.