BRANCH MANAGER, Vs. POONGATHAI; SANTHI; ANNAPOORNIMA; VAIDEGI; NARAYANAMOORTHY (MINOR); VARADARAJAN (MINOR); K DHANAPAL; B SURESH

JUDGEMENT

(1.) Heard Mr.N.Vijayaraghavan, learned counsel for the appellant and Mr.M.Sriram, learned counsel appearing for respondents 1 to 6.

(2.) This appeal is filed by the Insurance Company questioning the correctness of the award of the Tribunal dated 25.07.2011 made in M.C.O.P.No.1024 of 2006 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Krishnagiri, urging various facts and legal contentions in justification of their stand.

(3.) It was the averment of the claimants before the Tribunal that on 30.05.2005, while the deceased Bakthavatsalam was travelling as a pillion rider in a Yamaha Motor Cycle bearing Registration No.TN.29/Z-4347, driven by one Vedi, in Kaveripattinam to Agaram road viz. Sappanipatti, near Madhanur Indira nagar, the driver of the Eicher Tempo bearing Registration No.TN 33-C-5175 belonging to one Mr.K.Dhanapal and insured with Oriental Insurance Co. Ltd., drove the same in a rash, reckless and negligent manner, at an uncontrollable speed, without sounding horn and without minding the rules of the road, came in the opposite direction and dashed on the Yamaha Motorcycle forcibly. As a result of the accident, the deceased sustained injuries on his head and other vital organs and died on the spot itself. On a complaint, a criminal case was registered against the driver of the Swaraj Mazda in Crime No.207/2005 of Nagarasampatti Police Station. Claiming that the family had lost the support and care of the deceased Bakthavatsalam, the claimants sought a sum of Rs.20,00,000/- as compensation.