UNITED INDIA INSURANCE CO. LTD Vs. RAMATHILAKAM

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been directed as against the Judgment and Award passed by the learned Motor Accident Claims Tribunal, Special District Judge, at Tiruchirappalli in M.C.O.P. No.4422 of 2013, dtd. 24/6/2017, by the Appellant/Second Respondent/Insurance Company, challenging the Award passed by the learned Tribunal.

(2.) For the sake of convenience, the parties are addressed herein as per the rank in M.C.O.P. No.4422 of 2013.

(3.) The factual matrix of the present case, briefly stated, are as under: The First Petitioner is the wife, the Second Petitioner is the Minor Son and the Third & Fourth Petitioners are the Parents of the deceased. On 22/3/2006 at about 5.00 p.m., the deceased Murugesh @ Murugesan employed under the First Respondent on his instructions, took the Twowheeler bearing Registration No.TN-33-K-0678 belonging to the First Respondent and went for money collection along Erode-Karur Byepass Road from North-South direction and when he came near Kollakattumedu P & C Pipe Company, a dog suddenly crossed the road. As the result of which, the deceased lost balance and fell down. Immediately he was taken to Erode Government Hospital for First Aid and thereafter, shifted to Government Headquarters Hospital, Trichy wherein he was admitted as inpatient from 22/3/2006 to 24/3/2006. However, he died on 24/3/2006. At the time of accident, the deceased Murugesh @ Murugesan was 30 years old. The Petitioners filed Claim Petition in M.C.O.P. No.4422 of 2013 seeking Compensation of Rs.10,00,000..00