UNITED INDIA INSURANCE CO LTD Vs. NEDUNCHELIAN

JUDGEMENT

(1.) THE insurance company is the appellant before this court as against the award of Motor Accidents claims Tribunal, Madurai, in M. C. O. P. No. 2384 of 2002 dated 19. 11. 2004.

(2.) THE deceased, a child aged about 5 years, was walking along with his parents on Madurai-Dindigul Road from north to south direction. According to them, they were walking on the extreme left side. At that time, a van bearing registration No. TN 58-F 3925 was coming along in the same direction. However, the vehicle was being driven in a rash and negligent manner and without observing the rules of the road and in the process, dashed against the deceased. The deceased sustained multiple and severe injuries all over the body and succumbed to the injuries on the spot. The accident had taken place only as a result of the rash and negligent driving of the driver of the vehicle.

(3.) CLAIMANT No. 1 being the father of the deceased and the mother, claimant No. 2 and the sister, claimant No. 3, have stated that the child was a hale and hearty person and he was the only son of his parents. The child was an intelligent person with bright future and the claimants have lost good future prospects as a result of the death of the child. He was the only son of his parents and there was no other male issue. The parents expected their son to look after them in their old days. The claimants had quantified the claim at Rs. 2,50,000.