THE ORIENTAL INSURANCE CO. LTD. Vs. SIVAPPAN

JUDGEMENT

(1.) KALIAMMAL , aged 21, an agricultural coolie, earning Rs. 2,000/ - per month died in an accident involving tractor and a trailer and the accident took place on 24.10.1998. The father Sivappan, aged 58 years (at the time of accident) filed a claim petition in M.C.O.P. No. 151 of 2000 against the respondents 1 to 3 who were owners of the vehicle (respondents 1 and 2) and the insurance company (Respondent 3). The claims tribunal on consideration of oral and documentary evidence passed an award for a sum of Rs. 2,92,500/ -. The award was directed to be paid by the second and third respondents joint and severely.

(2.) WHILE passing the award, the claims tribunal gave a finding that the insurance company was liable to pay the compensation in view of the decision reported in : 1999 ACJ 231.

(3.) IN view of the contention raised by the insurance company, the following issues arise for consideration: