SHRIRAM GENERAL INSURANCE CO. LTD. Vs. S. PADMINI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal arises against the Judgment and Decree passed in M.C.O.P.No.900 of 2010 dated 05.07.2012 on the file of the Motor Accident Claims Tribunal (Sub-Court), Poonamallee. The claimants have also filed an appeal by way of Cross Objection against the very same judgment and decree.

(2.) The appellant insurance company was the 2nd respondent before the Tribunal. The respondents 1 to 4 / claimants are wife, minor children and mother of the deceased Tamilarasu respectively, who, while travelling in a car bearing Regn.No.TN-45-AL-5511 from Chennai to Perambakkam to purchase house sites, met with an accident on 19.06.2010 at about 02.45 p.m on account of the rash and negligent driving of the driver of Eicher Van bearing registration No.TN-37-X-4772, coming from north to south direction, due to which, the deceased had died on the spot. The deceased aged 38 years was an Assistant Section Officer in Tamil Nadu Secretariat and was earning a sum of Rs.20,865/- per month. The 1st respondent / 5th respondent herein is the owner of the Van. The petitioners / claimants, by filing claim petition before the Tribunal, sought compensation of a sum of Rs.50,00,000/-.

(3.) Before the Tribunal, on behalf of the claimants, five witnesses were examined and 37 exhibits were marked. On behalf of the appellant / insurance company, one witness was examined and an exhibit was marked