NATIONAL INSURANCE COMPANY LIMITED Vs. SUBRAMANI ALIAS MANI

JUDGEMENT

(1.) THE above appeals are directed against the judgment and decree dated 26. 03. 2003 made in MACTOP Nos. 983 and 1170 of 2000 on the file of the Motor Accidents Claims Tribunal (IV Judge, Court of Small Causes) at Chennai, whereby the Tribunal has allowed the claim petitions and awarded compensation of Rs. 3,00,000/- and 3,34,000/- with 9% interest from the date of the claim petition for the death of the deceased Dillibabu and Purushottaman respectively.

(2.) ACCORDING to the claimants in the respective claim petitions, who are parents of the deceased Dilli Babu and Purushottaman respectively, on 7. 5. 1999 at about 1 a. m. when the deceased in the respective claim petitions were travelling in a motor cycle bearing Registration No. TN-04-Y-7762 from North to South on Tiruvattiyur High Road, the lorry belonging to the third respondent bearing Registration No. TSA-2200, which was being driven in a rash and negligent manner by its driver dashed against them, as a result, both of them sustained grievous injuries and died. Hence, the claim petitions by the respective claimants seeking compensation of a sum of Rs. 3,00,000/- each for the death of the deceased Dillibabu and Purushottaman.

(3.) THE owner of the vehicle as well as the insurance company were the respondents before the Tribunal. The Tribunal after inquiry, concluded that the vehicle bearing Registration No. TSA 2200 involved in this case was driven in a rash and negligent manner, which caused the accident resulting the death of the deceased.