NATIONAL INSURANCE COMPANY LIMITED COIMBATORE Vs. DHANALAKSHMI

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal has been preferred under Section 173 of the Motor Vehicles Act, 1988 challenging the award of the Motor Accidents Claims Tribunal (Additional District Judge, Fast Track Court II) Gobichettipalayam dated 20.03.2007 made in M.A.C.T.O.P.No.164 of 2005 directing the appellant herein and the 6th respondent herein to pay a sum of Rs.4,55,000/ - together with an interest at the rate of 7.5% p.a calculated on the above said amount from the date of filing of the M.C.O.P till the date of payment to respondents 1 to 4 herein for the death of Thangarasu @ Ramasamy.

(2.) THE first respondent is the wife of Thangarasu @ Ramasamy. Respondents 2 and 3 are their sons. Respondent No.4 is the father of deceased Thangarasu @ Ramasamy. They made a claim against the said Subramanian and the appellant herein as owner and insurer of the rig for compensation under Section 163 -A of the Motor Vehicles Act, 1988, claiming that the above said deceased Thangarasu @ Ramasamy was employed as Driller under Subramanian, the owner of the Rig bearing Registration No.TN27 -1339 and contending that while they were engaged in digging a borewell into a well situated in the land of Krishnadas at Vembi Village, Villupuram Taluk on 13.04.2003, the deceased Thangarasu @ Ramasamy, who was in the process of getting down into the well through a rope, slipped from the rope and fell down into the well which resulted in head injuries and injuries all over the body; that after a brief treatment at JIPMER Hospital, Puducherry, he succumbed to the injuries on 14.04.2003; that the accident occurred in the course of employment under Subramanian, who was shown as the first respondent in the M.C.O.P and that the death occurred due to an accident arising out of the use of the motor vehicle, namely the Rig. It was contended further that the deceased was aged about 35 years and was earning a sum of Rs.4,000/ - per month as salary and that due to the death of Thangarasu @ Ramasamy, the respondents 1 to 4 herein being his wife, sons and father suffered pecuniary loss and that they were entitled to get compensation not only for the pecuniary loss suffered by them but also on other conventional heads. They had prayed for an award directing the said Subramanian and the appellant herein to jointly and severally pay a sum of Rs.6,00,000/ - as compensation together with interest on the above said amount from the date of claim till the date of payment. During the pendency of the M.C.O.P, Subramanian, who figured as the first respondent in the M.C.O.P died and Karrupayaal, wife of Subramanian, was impleaded as his legal representative and was ranked as third respondent in the M.C.O.P.

(3.) IN the enquiry before the Tribunal, two witnesses were examined as PWs 1 and 2 and three documents were marked as Ex.A1 to A3 on the side of the claimants. No witness was examined and only one document was marked as Ex.B1 on the side of the respondents in the M.C.O.P.