NATIONAL INSURANCE CO. LTD. Vs. PURUSHOTHAMAN

JUDGEMENT

(1.) The appellant insurance company, aggrieved by the quantum of compensation dtd. 16/11/2023 in MCOP No.127 of 2019 on the file of MACT, Special District Judge, Erode.

(2.) The claimants who are the parents of the deceased Angappan filed the claim petition on the ground that the deceased Angappan on 25/1/2019 was walking on the Erode to Bhavani Main Road near Lakshmi Nagar in front of Surbhi Auto Spares and opposite to Mettur Bus stop from west to east, at that time, the third respondent, who is the driver of the lorry, driven in a rash and negligent manner, hit against the deceased and ran over him. Due to the said accident, the deceased Angappan died on the spot. An FIR came to be registered in Crime No.53 of 2019 against the driver of the offending vehicle. It is under these circumstances, the claim petition came to be filed before the Tribunal seeking compensation for the death of their son.

(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 offending vehicle. Having rendered such a finding, the Tribunal proceeded to determine the compensation payable at Rs.22,12,000.00 under various heads as follows:-