NEW INDIA ASSURANCE CO. LTD. Vs. MUNIRATHINAMMA

JUDGEMENT

(1.) This is an appeal filed by the insurer of the offending vehicle, who figured as the second respondent before the Tribunal, against the award of the Motor Accidents Claims Tribunal (Additional District Judge), Krishnagiri dated 01.02.2011 made in M.C.O.P No.200 of 2009, awarding a sum of Rs.7,02,000/-as compensation for the death of one Narayanappa in an alleged accident that took place at Marudandapalli diversion on the Krishnagiri Hosur road on 25.08.2007 at 18.20 hours.

(2.) Respondents 1 to 6 herein made a claim in M.C.O.P No.200 of 2009 on the file of the Motor Accident Claims Tribunal (Additional District Judge), Krishnagiri under Section 163-A of the Motor Vehicles Act claiming a sum of Rs.8,00,000/- as compensation for the death of Narayanappa. Munirathinamma, the first respondent is the widow of Narayanappa. Venkatesh, Krishna Babu and Srimathi are, respectively, the sons and Daughter of Late Narayanappa. Errappa and Muniamma are the parents of Late Narayanappa. They figured as claimants 1 to 6 in the M.C.O.P. Since the claimants 2 to 4 were minors, they were represented by the first claimant Munirathinamma as their next friend and guardian. Following are the averments made in the petition:

(3.) The 7th respondent herein/first respondent in the M.C.O.P, namely the owner of the offending vehicle, remained ex parte and the appellant/second respondent in the M.C.O.P,namely the insurer of the offending vehicle, alone contested the case by filing a counter statement containing, in brief, the following averments: