BRANCH MANAGER ORIENTAL INSURANCE CO LTD Vs. NAGOORAMMAL

JUDGEMENT

(1.) Being aggrieved over the award passed by the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Pudukottai made in M.C.O.P.No. 210 of 2010, dated 21.02.2012. the Insurance Company has filed this appeal.

(2.) The appellant is the second respondent in M.C.O.P.No. 210 of 2010 and the respondents 1 to 6 are the claimants. The case of the claimants 1 to 6 is that on 04.02.2009 at about 1.00 a.m., the accident took place at Manamelkudi north. In the said accident, son of respondents 1 and 2 and brother of respondents 3 to 6 namely Sakthi @ Sathiyaseelan suffered grievous injury. After treatment in the Government Hospital, Manamelkudi the injured was taken to Rajaji Hospital, Madurai on 04.02.2009 and he died at 7.45 a.m. on the same day.

(3.) The accident was caused by Tanker lorry bearing Registration No. TN 20 AJ 7260 belonging to the seventh respondent insured with the appellant. The deceased was travelling in a bullock-cart and the tanker lorry was driven in a rash and negligent manner at high speed violating of the Traffic Rules dashed against bullock-cart. The persons travelling in the bullock cart including deceased suffered injuries and deceased subsequently died. According to the respondents 1 to 6, the deceased was earning Rs. 1,500.00 per month as a fisher man. He was doing loading and unloading of sands for the purpose of building construction and was doing agricultural work and he was aged about 23 years at the time of accident and claimed a sum of Rs. 15,00,000.00 as compensation.