ORIENTAL INSURANCE CO. LTD Vs. S. VIJAYALAKSHMI

JUDGEMENT

(1.) The Insurance Company aggrieved by the Award passed by the Motor Accidents Claims Tribunal (Sub-Court), Harur, in M.C.O.P. No.1 of 2014, dtd. 27/1/2017, has filed the present Appeal before this Court.

(2.) The Claimants are the Wife, Minor Daughter and the Parents of the deceased Sundaram. The case of the Claimants is that the deceased Sundaram had travelled in the Tata Ace Vehicle on 1/11/2013 and he had taken Flowers along with him in order to load the same in a Lorry, which was proceeding towards Chennai. After completing this work, the deceased was coming back in the same vehicle and at about 23.00 hours, when the vehicle reached opposite to Gandhi Nagar, the offending vehicle which belongs to the 1st & 2nd Respondents in the Claim Petition was driven in a rash and negligent manner and it dashed against a Tamarind tree and the deceased was thrown out of the vehicle and he sustained fatal injuries and he scummed to the injuries. An FIR came to be registered in Crime No.385 of 2013 against the Driver of the Tata Ace Vehicle. It is under these circumstances, the Claim Petition came to be filed before the Tribunal seeking for payment of Compensation.

(3.) The Tribunal on considering the facts and circumstances of the case and on appreciation of Oral and Documentary evidence came to a conclusion that the accident had taken place only due to the rash and negligent driving on the part of the Driver of the Tata Ace Vehicle. Having come to such a conclusion, the Tribunal proceeded to fix the Total Compensation at Rs.14,25,000.00 under various heads as follows: