LAWS(MAD)-2004-3-324

NEW INDIA ASSURANCE CO LTD Vs. RAHAMED

Decided On March 09, 2004
NEW INDIA ASSURANCE CO.LTD. Appellant
V/S
RAHAMED Respondents

JUDGEMENT

(1.) C. M. A. 420 of 1997: new India Assurance co. Ltd. is appellant herein. Appeal has been preferred against the award dated 18. 10. 1995 passed in M. C. O. P. No. 21 of 1995 on the file of the Motor Accidents claims Tribunal (Subordinate Judge), kulithalai for a sum of Rs. 95,000.

(2.) THE accident took place at 5 a. m. on 19. 2. 1988 in the main road between Karur and Trichy and near Mayanoor Kasa Colony when the lorry bearing registration No. TDC 4321, which was rashly and negligently driven by Rajendran, respondent no. 10 herein and it hit against the tamarind tree on the left side of the road. In the said accident one Noor Mohamad who was seated beside the driver sustained injuries and later on succumbed to the same.

(3.) RESPONDENT No. 11 herein, Vijayalakshmi, is the owner of the lorry. The appellant herein is the insurer of the said lorry. The widow, six children and parents are claimants. They claimed a compensation of Rs. 1,50,000 and what was awarded is Rs. 95,000.