CORRESPONDENT, AARUTHRA ENGLISH SCHOOL Vs. MUTHULAKSHMI; VIJAYA; BALA; RAVISASTHRI; DIVISIONAL MANAGER, ORIENTAL INSURANCE COMPANY LIMITED

JUDGEMENT

(1.) Aggrieved by the Award, dated 05.12.2013 passed in M.A.C.T.O.P.No.673 of 2011, on the file of the Motor Accident Claims Tribunal, (II Additional District Judge), Pondicherry, Correspondent of Aaruthra English School, Puducherry, has preferred this Appeal.

(2.) Respondents 1 to 4 are the wife, daughter and sons of the deceased Kaliyamurthy. According to them, he was working as watchman in Moral Matriculation School, Korkadu, Puducherry and was earning Rs.8,000/- per month. On 6.5.2011, about 19.50 hours, when the deceased was proceeding in a bi-cycle, on Karikalambakkam to Villikanur Road, a Mahindra Van bearing Regn.No.TN-59-C-7555, owned by the Correspondent, Aaruthra English School, Jayaganesh Nagar, Korkadu Village, Puducherry, and insured with Oriental Insurance Co.Ltd., Chennai, driven in a rash and negligent manner by its driver, dashed against the said Kaliyamoorthy, near the said school. He sustained a severe head injury and injuries on both legs, back and all over the body. Initially, he was provided first aid in Primary Health Centre, Karikalambakkam, and thereafter, referred to Government General Hospital, Puducherry. Despite intensive treatment, he died, on the same day. According to the respondents/claimants, at the time of accident, he was aged 50 years. A criminal case in Crime No.94 of 2011 u/s. 279, and 304 (A) of IPC was registered by the Station House Officer, Traffic P.S., Villianur, Puducherry against the driver of the said Mahindra Van. The claimants claimed compensation of Rs.15,00,000/-.

(3.) Owner of the Mahindra Van, namely, the Correspondent, Aaruthra English School, Jayaganesh Nagar, Korkadu Village, Puducherry, the first respondent in the claim petition, filed a counter affidavit, denying the manner of accident. He further submitted that, as the vehicle was covered by a valid insurance policy from 23.7.2010 to 22.7.2011, Oriental Insurance Company Limited, Chennai, alone is liable to pay the compensation. He denied the avocation of the deceased, as the watchman, in Moral Matriculation School, Korkadu, Puducherry. Without prejudice to the same, he also disputed the age, income and the quantum of compensation claimed, under various heads.