NATIONAL INSURANCE CO. LTD. Vs. TMT. DEVI

JUDGEMENT

(1.) THIS appeal has been filed by the Insurance Company challenging the finding rendered by the Motor Accidents Claims Tribunal (Sub -Judge), Udumalpet, Coimbatore District, in and by award dated 07.04.2010 in M.C.O.P. No. 251 of 2006, in fixing the liability on the part of the Insurance Company to pay the compensation amount to the claimants.

(2.) THE respondents 1 to 3 herein are the claimants before the Tribunal and they are the wife, minor daughter and minor son of the deceased Jothiraj @ Chinnan. It is the case of the claimants before the Tribunal that on 17.03.2006 at about 5.15 pm, the said Jothiraj @ Chinnan, along with one Kittan, was travelling in a Eicher Van bearing Registration No. TN -57 -J -2101, belonging to the 5th respondent and insured with the appellant/insurance Company, as loadman, to load Chenna (sic) for the commission agent namely Rangasamy of Poolankinar Village. At that time, the said vehicle was driven by its driver in a rash and negligent manner, due to which the said vehicle dashed against a Tamarind Tree, which was standing by the right side of the road, and thus, got involved in the accident. In the said accident, the said Jothiraj @ Chinnan sustained grievous injures and he was taken to the hospital, where he died later. Hence, the legal heirs of the deceased filed a claim petition before the Tribunal claiming a sum of Rs. 5 lakhs as compensation as against the owner of the vehicle and its insurer/appellant herein.

(3.) IN order to prove their claim before the Tribunal, on the side of the claimants, wife of the deceased examined herself as P.W. 1, besides examining one Rengasamy as P.W. 2 and marked nine documents as Ex. P.1 to Ex. P.9. On the side of the Insurance Company, two witnesses were examined and four documents were marked.