UNITED INDIA INSURANCE CO. LTD Vs. LAKSHMI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the Insurance Company challenging the Judgment and Decree passed in M.C.O.P. No.572 of 2018 on the file of the Motor Accident Claims Tribunal (Special Court for Trial of Cases registered under SC/ST (PoA) Act), Namakkal.

(2.) For the sake of convenience, the parties are referred herein according to their litigative status and rank before the Tribunal.

(3.) The brief facts leading to filing of this Appeal are as follows: The First Petitioner is the Wife, the Second & Third Petitioners are Son and Daughter and the Fourth Petitioner is the Father of the deceased Raji. On 21/12/2017 at about 12.00 p.m., after loading the Tractor-cum-Trailer bearing Registration No.TN-34-S-5239 and TN-34-J-2190, while the Tractor was parked to unload hay in Vairampalayam Nathakaadu, Natarajan land, the Driver of the Tractor moved the vehicle and as a result, the deceased Raji fell down and the Tractor hit the deceased and he sustained grievous injuries and succumbed to the injuries. The rash and negligent driving of the First Respondent-Driver caused the above accident. A Criminal case was registered against the First Respondent-Driver in Crime No.353/2017 under Ss. 279 & 304-A, IPC on the file of the Nallur Police Station. The deceased was 55 years old and was earning Rs.15,000.00 per month. For the loss of the deceased Raji, the Claimants, who are the Legal Heirs of the deceased, filed a Claim Petition seeking Compensation of Rs.10,00,000.00 by invoking Sec. 166 of the Motor Vehicles Act, 1988.