NATIONAL INSURANCE CO. LTD. Vs. P.THANGAM

JUDGEMENT

(1.) The present appeal has been filed by the Insurance Company challenging the award made in MCOP.No.145 of 2011 on the file of the Motor Accident Claims Tribunal, Kanyakumari at Nagercoil primarily on the ground of negligence.

(2.) Cross Objection No.5 of 2015 has been filed by the claimants seeking enhancement of compensation.

(3.) It is the case of the claimants that the first claimant is the wife and the claimants 2 and 3 are the daughters of the deceased person. The 3rd claimant and her father had travelled in a State Express Transport Corporation bus on 7/1/2011 and the bus was under repair, when it reached near Pullakottai bye-pass junction at Virudhunagar. The bus driver and a mechanic were undertaking the repair work. When the deceased got down from the bus and came on the southern side of the road, the driver of the vehicle owned by the second respondent and insured with the third respondent, a Tempo Jeep came in a rash and negligent manner and dashed against the deceased who died on the spot.