ORIENTAL INSURANCE CO. LTD. Vs. PONNAMMAL AND OTHERS

JUDGEMENT

(1.) Oriental Insurance Company Ltd., which was the third respond before the Tribunal, is the appellant in appeal. Respondents 1 to 8 filed a da-petition before the Motor Accidents Claim Tribunal, Periyar District at Erode, in M. C.O.P. No. 215/85, claiming a total compensation Rs. 1 Lakh for the death of Nagarajan, band of the first respondent.

(2.) The averments in the said claim petition were that deceased Nagarajan was going on a bicycle along Nethaji Road, Erode, at 11 a.m. on 21-3-1985 on the left side of the road. The said road is running east to west. At that time, a lorry bearing registration No. TNI-8069 driven by the 9th respondent in a rash and negligent manner, dashed against the deceased from behind, causing his death. The deceased was working as an electrician, and was earning a monthly sum of Rs.900.00. He had applied for necessary certificate to the Government to become a qualified electrocian and once he became a qualified electrician, he would have earned a sum of Rs. 2000.00 per mensem. It was further mentioned that he was the only earning member of their family. The owner and the driver remained absent and they been set exparte before the Tribunal. The appellant filed a counter statement contending, that respondents 2 to 8, who are the brothers and sisters of the deceased, are not entitled for compensation. It was further contended that the accident had taken place not due to the rash and negligent driving of the lorry by its driver, but it was due to the negligence on the part of the deceased. It also disputed the monthly income of the deceased.

(3.) During the course of the enquiry, on behalf of the claimants, two witnesses were examined as PWs 1 and 2 and they got marked Exs.A-1 to A-7. No witness was examined on behalf of the respondents. The Tribunal, after conclusion of the enquiry, by its award dated 17-3-1987, has held that the accident had taken place due to the rash and negligent driving of the driver of the lorry. After holding that the accident was due to the negligence on the part of the lorry driver. Tribunal awarded a compensation of Rs. 65,000.00 with 6% interest per annum from the date of the petition till the date of payment.