NEW INDIA ASSURANCE CO. LTD. Vs. PERIYAMMAL

JUDGEMENT

(1.) Aggrieved by the Award, dated 20.07.2012 made in M.C.O.P.Nos.1524, 1525 and 1526 of 2009, on the file of the Motor Accident Claims Tribunal, (Additional District Judge and Special Judge for EC Act Cases), Salem, M/s.New India Assurance Co. Ltd., has preferred this Appeal.

(2.) An accident has occurred on 07.08.2009 at 18.30 hours, in which 3 persons, namely, Sasikumar, Manikandan and Srinath died. At the time of accident, one Sasikumar was riding a Bajaj Appachi Motor Cycle bearing Regn.No.MH-02-BH-3964. Manikandan and Srinath have travelled as pillion riders, and when all the three were proceeding, in front of National Sago Factory, Muthampatty, a bus bearing Regn.No.TN-30-W-4142 rushed from opposite direction, which was driven by its driver in a rash and negligent manner, without following any traffic rules and regulations, and dashed against the said motor cycle. All the three persons died. In this connection, a criminal case has been registered in Crime No.626/2009 under Sections 279 and 304-A of IPC against the driver of the bus, by Valappady Police. Legal heirs of the deceased have filed separate claim petitions which is tabulated hereunder: <FRM>JUDGEMENT_815_TLMAD0_2014_1.html</FRM>

(3.) The Insurance Company opposed the manner of accident, liability and without prejudice to the same, questioned the quantum of compensation, claimed under various heads.